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Full text of "Coretta Scott King, et al. VS. Loyd Jowers, et al"

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Complete 
Transcript of 
the Martin 
Luther King, Jr 
Assassination 
Conspiracy 
Trial 





VOLUME I 

November 15, 1999 


Jury selection begins. It is closed to the public. The 
Memphis Commercial Appeal is granted permission to file 
an appeal against the public being excluded for jury 
selection. 


VOLUME II 

November 16, 1999 


Testifying: 

• Mrs. Coretta Scott King, wife of Dr. Martin Luther 
King, Jr., currently-Founder, The Martin Luther 
King, Jr. Center for Nonviolent Social Change, Inc. 

• Dr. Cobey Smith, founder. The Invaders (Black 
Organizing Project)- 1968, educator consultant 
(current) 

• Mr. Charles Cabbage, Executive Secretary, The 
Invaders 

• Mr. John McFerren, founder, Fayette County Civic 
& Welfare Feague and local businessman 

• Mr. Nathan Whitlock, taxicab driver, musician 

• Captain Thomas Smith, Memphis Police 
Department, Homocide Detective (1968), currently 
retired 

• Mr. Charles Hurley, advertising manager. National 
Food Stores, Memphis (1968), Division Manager, 
Save-A-Fot Food Stores (current) 


VOLUME III 

November 17, 1999 


Testifying: 

• Mr. James Milner, taxicab driver 

• Mr. Floyd Newsom, Memphis Fire Department, 
retired 

• Mr. Norville Wallace, Chief, Memphis Fire 
Department, retired 

• Mr. Feon Cohen, special deputy at Juvenile Court, 
took photos around the Forraine Motel the morning 
after the assassination, retired 

• Mr. Ed Redditt, Memphis Police Department, 
detective. Community Relations Officer, retired, 
volunteer high school coach 

• Mr. James McCraw (deceased), taxicab driver, via 
previous deposition 

• Mr. Jerry Williams, captain, Memphis Police 
Department (1968), real estate currently 

• Mr. Phillip Melanson, professor, political science, 
author “The Martin Futher King Assassination” 

• Ms. Kaye Pittman Black, reporter. The Memphis 
Press Scimitar (1968), via sworn testimony in 1993 



VOLUME IV 

November 18, 1999 


Testifying: 

• Rev. James Lawson, Jr., SCLC Board Member, 
Pastor, Centenary United Methodist Church in 
Memphis (1968), retired 

• Mr. Maynard Stiles, Division Superintendent, 
Department of Sanitation, retired 

• Ms. Olivia Catling, neighborhood resident around 
Lorraine Motel 

• Mr. Ed Atkinson, Memphis Police Department, 
Traffic Division, retired 

• Mr. Hasel Huckaby, South Central Bell, employee, 
via sworn statement in 1993 

• Mr. James Lesar, lawyer, represented James Earl 
Ray (1970-76), currently specializes in Ereedom of 
Information Act litigation 

• The Honorable Andrew J. Young, Executive Vice 
President of SCEC (in 1968), currently Chairman, 
GoodWorks International, EEC 


VOLUME V 

November 22, 1999 


Testifying: 

• Videotape of the meeting between Eoyd lowers, 
Dexter Scott King, Andrew J. Young and Eewis 
Garrison, Eittle Rock, AR 

• Mr. Arthur Haynes, Jr., James Earl Ray’s first 
attorney (with his father), currently. Circuit Judge 
10th Judicial Circuit, AE 

• Ms. Bobbie Balfour, Jim’s Grill, employee, currently 
a cook 

• Mr. William R. Key, Clerk of Court, Shelby County 

• Mr. Joe B. Brown, Judge, 30th Judicial District, 

State of TN, Division 9, Criminal Court, Shelby 
County 


VOLUME VI 

November 23, 1999 


Testifying: 

• Dr. Jerry Erancisco, professor of pathology. 
University of TN, Shelby County Medical Examiner 
(1968 and currently) 

• Mr. John Billings, surgical assistant, St. Joseph’s 
Hospital (1968), private investigator (current) 

• Mr. Royce Wilburn, master electrician (1968- 
present), brother of Ms. Glenda Grabow 

• Mr. Sidney J. Carthew, merchant seaman, British 
Merchant Navy, via teleconference deposition in 





1999 

• Mr. Joe B. Hodges, Memphis Police Department, 
dog squad (1968), retired 

• Mr. James W. Smith, Memphis Police Department, 
special services (1968) 

• Ms. Barbara Reis, journalist. Publico newspaper, 
Portugal 

• Rev. James Orange, Executive Staff, SCLC, via 
previous affadavit 


VOLUME VII 

November 24, 1999 


Testifying: 

• Mr. Jack Saltman, television producer, BBC, 
Thames, HBO, and ABC- TV 

• Dr. Claybome Carson, professor of history, Stanford 
University, Editor-The King Papers project 


VOLUME VIII 

November 29, 1999 


Testifying: 

• Mr. William B. Hamblin, taxi-cab driver (1968), 
part-time security guard (currently) 

• Mr. James Joseph Isabel, taxi-cab and charter bus 
driver (1968), retired 

• Mr. Jerry William Ray, brother of James Earl Ray 

• Mr. Willie B. Richmond, captain, Memphis Police 
Department-Internal Affairs, retired 

• Mr. Douglas Valentine, author. The Phoenix 
Program 

• Mr. Carthel Weeden, Memphis Eire Department 
(1968), construction company owner (currently) 

• The Honorable Rev. Walter E. Eauntroy, SCEC 
Washington, DC Chapter Director (1968), later chair 
of the Congressional Subcommittee investigating the 
Assassination, pastor 

• Ms. April R. Eerguson, attorney, one of the post 
conviction defense attorney for James Earl Ray. 

• James E. Adams, taxi-cab driver 

• Yolanda King, actress/producer, eldest daughter of 
Dr. Martin Euther King, Jr. and Mrs. Coretta Scott 
King 


VOLUME IX 

November 30, 1999 


Testifying: 

• Mr. Jack Kershaw, attorney, for James Earl Ray 
(’77) 

• Mr. Jack Terrel, Civilian Military Assistance, via 





videotaped deposition 

• Mr. Louis Ward, security police and taxi-cab driver 
(1968), part-time roofer (current) 

• Mr. Raymond Kohlman, attorney 

• Mr. Earl Caldwell, reporter, the New York Times 
(1968) via videotaped deposition 

• Mr. Roy Grabow, husband of Glenda Grabow 

• Mr. John C. Smith, member. The Invaders 

• Mr. William Schaap, attorney, military and 
intelligence specialization, co-publisher “Covert 
Action Quarterly” 


VOLUME X 

December 1, 1999 


Testifying: 

• Mr. Loyd lowers, via deposition Nov. 2, 1994 

• Mr. Mark Glankler, investigator, appointed by 
District Attorney General-December, 1993 

• Mr. Dexter King, Chairman, President & CEO-The 
Martin Luther King, Jr. Center Eor Nonviolent 
Social Change, Inc., youngest son of Dr. Martin 
Luther King, Jr. and Mrs. Coretta Scott King 


VOLUME XI 

December 2, 1999 


Testifying: 

• Rev. Samuel B. Kyles, pastor. Monumental Baptist 
Church, Memphis, TN, (1968-present) 

• Mr. Lrank W. Young, Shelby County Criminal 
Clerk’s Office 

• Mr. Eli Arkin, Memphis Police Department- 
inspection bureau (1968), currently-The Cottonwood 
Company 

• Ms. Rebecca A. Clark, ex-wife of Captain Earl 
Clark, Memphis Police Department (1968) 

• Mr. John Doe, via videotaped desposition of 
Novemebr 5, 1999 


VOLUME XII 

December 6, 1999 


Testifying: 

• Ms. LaVada Addison, restaurant owner (1968), self- 
employed, LaVada Estate Sales (current) 

• Mr. James Earl Ray, deposition of March 11-12, 
1995 in the case of James Earl Ray versus Loyd 
lowers 



VOLUME XIII 

December 7, 1999 


Testifying: 

• Mr. James Earl Ray, deposition of March 11-12, 
1995 in the case of James Earl Ray versus Eoyd 
lowers (continued) 

• Ms. Betty Jean Spates, waitress- Jim’s Grill, 
deposition of November 3, 1999 


VOLUME XIV 

December 8, 1999 


Closing Statements and verdict 



1 



THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE 
THIRTIETH JUDICIAL DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, MARTIN 
LUTHER KING, III, BERNICE KING, 

DEXTER SCOTT KING and YOLANDA KING, 
Plaintiffs, 

Vs. Case No. 97242-4 T.D. 

LOYD JOWERS and OTHER UNKNOWN 
CO-CONSPIRATORS, 

Defendants. 



BE IT REMEMBERED that the 
above-captioned cause came on for Trial on 
this, the 15th day of November, 1999, in the 
above Court, before the Honorable James E. 
Swearengen, Judge presiding, when and where 
the following proceedings were had, to wit: 
VOLUME I 

DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER, WEATHERFORD & PARKER 



COURT REPORTERS 




22nd Floor, One Commerce Square 
Memphis, Tennessee 38103 
(901)529-1999 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

2 

- APPEARANCES - 
Eor the Plaintiffs: 

MR. WILLIAM PEPPER 
Attorney at Law 

575 Madison Avenue, Suite 1006 
New York, New York 10022 
(212) 605-0515 
Eor the Defendant: 

MR. LEWIS K. GARRISON, Sr. 

Attorney at Law 

100 North Main Street, Suite 1025 
Memphis, Tennessee 38103 
(901) 527-6445 
Eor The Commercial Appeal: 

MR. LUCIAN T. PERA 
Attorney at Law 



Armstrong, Allen, Prewitt, Gentry 




Johnston & Holmes, PLLC 



80 Monroe Avenue, Suite 700 
Nashville, Tennessee 38103 
(901) 524-4948 
Reported by: 

MS. MARGIE J. ROUTHEAUX 
Registered Professional Reporter 
Daniel, Dillinger, Dominski, 

Richberger & Weatherford 
2200 One Commerce Square 
Memphis, Tennessee 38103 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

3 

PROCEEDINGS 
THE COURT: Mr. Garrison, are 
you all ready? 

MR. GARRISON: Ready. 

THE COURT: Eet me see the 

lawyers in chambers before we get started. 

(Brief break taken.) 

THE COURT: All right. Are we 



ready to proceed? 




MR. GARRISON: Yes, sir. 



THE COURT: If there are any 
members of the media, we're going to ask you 
to excuse yourself until after the jury 
selection process. All right, Mr. Sheriff, 
you can get us some jurors. 

THE COURT: All right, 

Mr. Pepper, who are these additional people 
with you? 

DR. PEPPER: They're all with 
us, part of our team. 

THE COURT: Are they going to 
participate in the trial? 

DR. PEPPER: Only as assistants, 
that's all. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

4 

THE COURT: I normally introduce 
those parties who are going to participate. 

And if they are, I need their names. 

DR. PEPPER: You want me to 



write them down for you. Your Honor? 




THE COURT: That has dual 



purposes — for my convenience and then, in 
addition to that, once we have called their 
names, we're in a position to ask the jurors 
if they're familiar with their names. 

DR. PEPPER: Sure. 

(Brief break taken.) 

MR. PERA: Your Honor, for many 
years - and I should first say. Your Honor, 
that all I know about this situation is what 
I've learned in the last 15 minutes. But as 
I say, for the record, I do represent The 
Commercial Appeal. I'm a little out of 
breath. But my name is Eucian Pera. And 
since at least 1984 when the Supreme Court 
decided the Press Enterprise case — Press 
Enterprise versus Superior Court of 
California. And the cite on that I can give 
you which is 464 U.S. 501. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

5 



In 1984 the Supreme Court has 




made it clear, as has virtually every court 
in the nation — has addressed the issue that 
there is a constitutional right on the part 
of members of the public and, therefore, 
members of the press to attend jury voir dire 
proceedings in court. I would add. Your 
Honor, that in Tennessee there have been at 
least two cases on this point — I believe 
three. 

The first one of which is State 
versus Drake which is a 1985 case which 
squarely follows the analysis in what are 
called the quartet of cases of which Press 
Enterprise is a part from the U.S. Supreme 
Court. And that case requires that if there 
is a closure of any part of a trial that 
there must be under the constitution specific 
findings by the Court on a motion by a party 
that there will be prejudice if there's not a 
closure and specifically how the closure is 
tailored as narrowly as possible to meet the 
compelling interest of preventing prejudice. 



The Supreme Court of Tennessee 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

6 

requires written findings. There have been 
at least two other cases since then, Your 
Honor. I don't — I can't cite you the 
precise name on this short of notice, but I 
will remind the Court of one the Court may be 
familiar with arising from this county. I 
believe it was in front of a criminal court 
judge across the street. And essentially 
what happened is that there was - it was a 
rather horrible gang-related murder case. 

In fact, it was one in which I 
believe the victims were literally buried 
alive. There were claims of misconduct 
ongoing in the midst of the trial. In fact, 
the Court itself was under 24-hour armed 
guard at home and at the office — at the 
court. During the course of that trial, the 
judge heard testimony from witnesses 
obviously. And one of the witnesses who had 



testified was to testify again. 




The Court imposed a gag order 



essentially closing the trial implicitly and 
saying that the reporters might not print the 
name of that witness who had already 
DANIEL, DILLINGER, DOMINSKI, RICHB 
(901)529-1999 
7 

testified in open court and who was to 
further testify as a rebuttal witness. The 
Court expressed very specific concerns about 
safety, that the witness might flee, that the 
trial might be jeopardized for that reason. 

And the Court of Appeals - excuse 
me, I think it was the Court of Criminal 
Appeals — specifically and flatly and firmly 
reversed that ruling and said that what goes 
on in open court is open, and the 
constitution requires that it be so, and 
again reaffirming State vs. Drake relying on 
Press Enterprise. 

So, Your Honor, with that thought in 
mind - again. I've not been privy to the 
discussions here about what the problem were 



, WEATHEREORD 




that were sought to be addressed, and I 
apologize to the Court for not being prepared 
in that respect. But I would urge the Court 
to not close this hearing to members of media 
including my client, The Commercial Appeal. 

THE COURT: All right. 

MR. PERA: And, Your Honor, I 

might finally request that in compliance with 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
8 

State versus Drake, whatever the Court's 
decision there, that there be specific 
findings of fact tailored to address the 
issues under Press Enterprise. 

THE COURT: All right. Eirst of 
all, I would like to refer you to Supreme 
Court Rule 30, Media Guidelines, under 
Section C(2) which reads as follows: "Jury 
selection. Media coverage of jury selection 
is prohibited." 

MR. PERA: Your Honor, it's 

my — am I interrupting? I can look at the 




rule, Your Honor, but it's my impression that 
Rule 30 addresses television coverage and 
similar media coverage. To the extent that 
that rule. Your Honor, either says or is 
interpreted to mean that voir dire may be 
closed by a court without constitutional 
foundation, the specifics which are very 
clear — I can cite them to the Court if I 
can get my hands on State versus Drake. 

If that rule says that or means that 

or the Court interprets it to mean that, then 

it is unconstitutional. Your Honor. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

9 

THE COURT: Well, let me further 
refer you to Section D, and that section 
deals with limitations. And under 2 it says: 

"Discretion of Presiding Judge." That's me. 

"The presiding judge has the discretion to 
refuse, limit, terminate or temporarily 
suspend media coverage of an entire case or 
portions thereof in order to 1.) Control the 




conduct of proceedings before the Court. 

2.) Maintain the quorum and prevent 
distraction. 3.)" — and this one I am 
concerned with —"Guarantee the safety of any 
party, witness or juror." 

This case is such that I feel that 
the jurors should be protected from public 
scrutiny and that the public shall not be 
aware of who they are. I don't want — and 
I'm going to assure them when we voir dire 
them that they will remain anonymous. And 
for that reason they will feel free to 
participate in the trial process. That's my 
ruling. 

MR. PERA: Your Honor, may I be 
heard on this point? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
10 

THE COURT: No. I've ruled. I 
have ruled. 

MR. PERA: Okay. Your Honor, 

meaning no disrespect, may I ask - may I ask 




a question? 

THE COURT: Yes, sir. 

MR. PERA: Has this Court 
considered or has it been proposed to the 
Court that the jurors remain anonymous and 
therefore that proceedings be allowed to take 
place in open court with, for example, 
members of the public and/or media present 
but nevertheless with the jurors remaining 
anonymous? Has that been considered. Judge? 

THE COURT: No, sir, because I 
don't feel that that's a viable solution. 

MR. PERA: May I ask a further 
inquiry. Your Honor? 

THE COURT: Yes, sir. 

MR. PERA: Is it the Court's 

ruling that the entire trial is going to be 

held in secret? 

THE COURT: No, sir. Once the 

jury selection process is completed, then it 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



11 




will be open to the media as prescribed by 
court rules with cameras and with reporters 
and all of that. This court is not excluding 
the media from the trial proceeding, but it 
is excluding them from the jury selection 
process. 

MR. PERA: Well, Your Honor, 
again — the Court knows me, and the Court 
knows that I'm not inclined to argue with a 
ruling once it's been made. But since I'm 
getting into this so late. Your Honor, I have 
to inquire further. Your Honor, if — I'm 
not at all sure I understand how this is 
tailored narrowly under the guidelines of the 
constitution. 

I mean, for example. Your Honor, 
if — if the identities of the jurors is what 
the Court is trying to protect, then — and 
not, for example, their answers to the 
questions of one of the parties as to their 
particular biases or lack of biases, it seems 
to me that the Court might consider having 
the jurors, as has been done across the 




country, I think the Court is probably aware 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
12 

of this — having the jurors remain anonymous 
and have the parties to the case and the 
Court refer to them in whatever way would do 
so anonymously but, nevertheless, allow the 
questioning that goes to, for example, 
bias — their views on particular subjects to 
be explored in open court as the constitution 
requires. 

I would urge that upon the Court as 
a remedy that has been used elsewhere. And 
it would not trample on the Eirst Amendment 
but it would, nevertheless, meet the Court's 
concerns. 

THE COURT: I'm going to deny 
your request. 

MR. PERA: Your Honor, when — 
you're ruling then that until voir dire is 
complete and the jury is sworn that this 
hearing is closed both to members of the 




press and the public? 



THE COURT: I'm not excluding 
the public, no, sir. 

MR. PERA: So I can sit here for 
example? 

DANIEE, DIEEINGER, DOMINSKI, RICHI 

(901)529-1999 

13 

THE COURT: You may, yes, sir. 

But if you do, then you would be under a gag 
order. As an officer of the Court you could 
sit, yes, sir. 

MR. PERA: But another member of 

the public could be present and not be under 

some sort of gag order? 

THE COURT: I'm going to exclude 
all members of the public, as a matter of 
fact, during the jury selection process. I'm 
not going to let reporters come in here and 
say, at this time I'm not a reporter. I'm 
just a member of John Q. Public. 

MR. PERA: Okay, Your Honor. I 

just wanted to make sure I understand your 



WEATHEREORD 




ruling then. The hearing is closed to 
members of the press and the public until the 
jury is sworn. 

THE COURT: And the public. And 
the public, yes, sir. 

MR. PERA: May I — I assume 
that what has transpired here so far. I'm 
under no gag order; is that correct. Your 
Honor? Because I may well be instructed by 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

14 

my client to pursue appellate relief. 

THE COURT: You are free to do 
that. 

MR. PERA: Okay. I just want to 
make sure that we understand each other. 

Thank you. Appreciate it. Your Honor. 

MR. GARRISON: In the Court's 
ruling I think Your Honor did the proper 
thing. 

(Brief break taken.) 



(By Order of the Court, the Jury 




Selection portion of the trial was not 
transcribed.) 

MR. PERA: I would like to apply 
for permission to appeal under Tennessee Rule 
of Appellant Procedure 9 from the Court's 
earlier ruling. 

THE COURT: Oh, yes. Of course. 

MR. PERA: Thank you, Your 
Honor. I assumed so. Your Honor, may I 
present an order on that either this 
afternoon or in the morning? 

THE COURT: You may. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

15 

MR. PERA: Thank you. Your 
Honor. 

(Eunch Recess.) 

(Jury Selection resumed.) 

THE COURT: All right. Eadies 

and Gentlemen, we have completed our 

process. We have 12 jurors now and two are 




alternates. So the rest of you I'm going to 
excuse and thank you for your patience, and 
you can report to the main jury room tomorrow 
at 9:30. 

All right. Now that we have 
selected or jurors and alternates, we would 
ask to you please stand and take the official 
oath as jurors in the case. 

THE CLERK: Ladies and 
Gentlemen, please raise your right hand. 

(Whereupon the jury was sworn 
in.) 

THE CLERK: Okay. Please be 
seated. 

THE COURT: All right. Normally 

at this stage we would begin our trial which 

would be the rendering of an opening 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
16 

statement by the lawyers. That is they would 
tell you what they expect the proof to be as 
it develops in the case, and then we would 




start to hear the witnesses in the case. But 



because of the hour, I'm going to excuse you 
and ask you to be here tomorrow at 9:45 so 
that we can get started promptly at 10 
o'clock, reminding you that you should not 
speak with the lawyers or the witnesses or 
anyone else involved in the case and that you 
should have no contact with the media. 

I think — I'll have some additional 
instructions for you tomorrow before we start 
to hear the proof. You should not go back to 
the main jury room for any reason. You come 
directly here from now on which means that 
you don't report at the regular 9:30 thing 
over there. Just come right here. Mr. James 
will show you our jury facility back here, 
and that's where you should congregate until 
you come out as a group. 

We would ask you — sometimes the 
jurors would sit out in the hall and do 
things of that sort before the trial begins 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




17 



in a normal case. But because of the nature 
of this one and because we don't want you to 
be exposed to the media, we would ask you to 
please not congregate in the hallways out 
there. If there are smokers in the crowd, 
then during our breaks, you can feel free to 
go down and do your smoking or whatever else 
just as long as you don't have any contact 
with the media. 

If we — if for any reason we need 
to take a comfort break on your behalf, we're 
very considerate, we'll do that. We want 
this to be a pleasant experience for you. 

But it's a serious matter, and let's not 
forget that. All right. 

(Court adjourned until 1 1/16/99 
at 10:00 a.m.) 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




18 



IN THE CIRCUIT COURT OF SHELBY COUNTY, 
TENNESSEE FOR THE THIRTIETH JUDICIAL 
DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, et al. 
Plaintiffs, 

Vs. Case No. 97242 
LOYD JOWERS, et al. 
Defendants. 



PROCEEDINGS 
November 16th, 1999 
VOLUME II 



Before the Honorable James E. Swearengen, 
Division 4, judge presiding. 



DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER, WEATHERFORD 
COURT REPORTERS 
Suite 2200, One Commerce Square 



Memphis, Tennessee 38103 




(901)529-1999 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

19 

- APPEARANCES - 

Eor the Plaintiff: DR. WILLIAM PEPPER 

Attorney at Law 

New York City, New York 

Eor the Defendant: 

MR. LEWIS GARRISON 
Attorney at Law 
Memphis, Tennessee 
Court Reported by: 

MR. BRIAN E. DOMINSKI 
Certificate of Merit 
Registered Professional 
Reporter 
Daniel, Dillinger, 

Dominski, Richberger & 

Weatherford 
22nd Eloor 

One Commerce Square 



Memphis, Tennessee 38103 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

20 

- INDEX - 

WITNESS: PAGE/LINE NUMBER 
CORETTA KING 
DIRECT EXAMINATION 



BY MR. PEPPER: 53 22 

CROSS-EXAMINATION 

BY MR. GARRISON: 70 15 

COBEY SMITH 



DIRECT EXAMINATION 



BY MR. PEPPER: 75 10 

CROSS-EXAMINATION 

BY MR. GARRISON: 96 16 

REDIRECT EXAMINATION 

BY MR. PEPPER: 101 4 

CHARLES CABBAGE 
DIRECT EXAMINATION 

BY MR. PEPPER: 102 10 

CROSS-EXAMINATION 

BY MR. GARRISON: 121 7 



REDIRECT EXAMINATION 




BY MR. PEPPER: 



127 18 



JOHN McEERREN 
DIRECT EXAMINATION 

BY MR. PEPPER: 132 5 

CROSS-EXAMINATION 

BY MR. GARRISON: 155 10 

REDIRECT EXAMINATION 
BY MR. PEPPER: 159 9 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

21 

NATHAN WHITEOCK 
DIRECT EXAMINATION 



BY MR. PEPPER: 160 9 

CROSS-EXAMINATION 

BY MR. GARRISON: 184 4 

THOMAS SMITH 



DIRECT EXAMINATION 

BY MR. PEPPER: 185 14 

CHAREES HUREEY 

DIRECT EXAMINATION 

BY MR. PEPPER: 192 15 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




(901)529-1999 



22 

PROCEEDINGS 

(November 16th, 1999, 10:15 a.m.) 

MR. PERA: Your Honor, good 

morning. I have a couple preliminary matters 

related to the matter you have on trial. 

May I address the Court this 
morning? 

THE COURT: Eet me get my orders 
first. 

MR. PERA: Okay. I thought 

that was done. Your Honor. That's why I 

approached. 

THE COURT: Any additional 
orders? 

Okay. Go ahead, Mr. Pera. 

MR. PERA: As you know. I'm 
Eucian Pera. I represent the Commercial 
Appeal. Eirst, your Honor, I have an order 
on yesterday's proceedings as to our motion 
for access — I have served this on counsel 
for the parties — that both grants — both 




denies my motion for access, grants our 
status as an intervenor for our limited 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

23 

purpose and grants the Rule 9 motion that you 
orally granted yesterday. 

THE COURT: All right. 

MR. PERA: Does that meet with 
your approval, your Honor? 

There are two other matters, your 

Honor, I want to present. One is a motion we 

filed this morning. 

As I understand it, although, of 

course, I wasn't here and my client wasn't in 

the courtroom, voir dire has been completed. 

We have moved — filed a motion with 
the Court, I'm not sure if the Court has 
received it yet, for access — immediate 
access as soon as practicable to the 
transcript of voir dire proceedings. We have 
filed a motion and would ask the Court to 



grant us immediate access to the transcript 




of the voir dire proceedings held in this 



case. 

THE COURT: Denied. 

MR. PERA: Denied? 

THE COURT: Uh-huh. 

MR. PERA: May I, Your Honor — 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

24 

I'll obviously give a moment to counsel. I'm 
anticipating one of two possible results. 

I've actually prepared an order. Since I 
know my client may be interested in an 
appeal, I will share this with Mr. Pepper and 
Mr. Garrison. 

There is one other matter, Your 
Honor. That is my partner Ms. Eeizure is in 
a better position to address it than I. We 
know the Court has granted access to the 
trial to the broadcast media, but under Rule 
30 we would also, as the Court knows, do use 
still photographers and would request and 
have filed a motion yesterday afternoon by 




access by one of our still photographers to 
the courtroom. 

If the Court needs to hear that 
addressed from a legal point of view under 
Rule 30, my partner, Ms. Leizure, can address 
that. 

THE COURT: As for still 
photography. I'll have to refer to the rule, 
which does allow it, but it is limited. 

MS. LEIZURE: Your Honor, I 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

25 

believe the provisions are that you can limit 
it to two still photographers. 

THE COURT: Who are you? 

MS. LEIZURE: I'm sorry. Your 
Honor. I'm Kathy Leizure. I'm Mr. Pera's 
partner. I represent the Commercial Appeal. 

THE COURT: Kathy who? 

MS. LEIZURE: I'm Kathy 

Leizure. I believe the provision is, your 



Honor, you can limit it to two still 




photographers who are using no more than two 
cameras each. 

THE COURT: I intend to abide by 
the rule. 

MS. LEIZURE: Okay, Your Honor. 

THE COURT: It says if there are 
more than two, if we're going to have still 
photography in the courtroom, you'll have to 
work it out among yourselves. If they can't 
work it out among themselves, then I'm going 
to disallow all of it. 

MS. EEIZURE: I understand. Your 
Honor. There is a provision in here for 
pooling arrangements, which I would be happy 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

26 

to try to work out if I know, you know, what 
other media have been granted access pursuant 
to this rule for still photography purposes. 

THE COURT: I intend to abide by 
the rules. It is for that same reason that I 



disallowed the presence of media during the 




jury selection. 



, WEATHERFORD 




rule. That's understood. 



THE COURT: Yes. 

MR. PEPPER: May I be heard, 

Your Honor? 

MR. PERA: I've provided this 
order — 

THE COURT: Just a moment. Go 
ahead, Mr. Pepper. 

MR. PEPPER: Thank you. Your 
Honor. Your Honor, the family has its own 
still photographer who would like to be 
present in the courtroom and will abide by 
all of the rules. It is Mr. Benedict 
Eemandez, who for nearly forty years has 
followed the history of Dr. King's work and 
these proceedings. 

THE COURT: All right. Those 
two, then. 

MR. PEPPER: Thank you. Your 
Honor. 

MR. PERA: Mr. Pepper, is this 
order okay. 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



28 

MR. PEPPER: Yes. 

MR. PERA: Your Honor, if I 

could pass the order for immediate access to 

is the transcript. Mr. Garrison and 

Mr. Pepper have approved that order, although 

I haven't actually signed that original. 

Thank you, your Honor. I appreciate 
you hearing us. 

THE COURT: Yes. Mr. Garrison, 
are you ready? 

MR. GARRISON: Yes, Your Honor. 

THE COURT: Mr. Pepper? 

MR. PEPPER: Yes. 

THE COURT: Bring the jury out, 

Mr. Sheriff. 

(Jury in.) 

THE COURT: Good morning, ladies 
and gentlemen. Glad to see that everybody 
made it this morning. Yesterday I 
inadvertently omitted one of the Court 
personnel. I should have introduced him. I 




have to constantly remind him that I'm 
elected by the residents of Shelby County and 
that he is not my boss. It is my court 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

29 

clerk, Mr. Brian Bailey over here. I think I 
introduced everybody else. 

Before we begin the trial. I'm going 
to give you some preliminary facts that you 
can refer to during the course of this 
trial. Before the trial begins. I'm going to 
give you some instructions to help you 
understand how the case will proceed, what 
your duties many be, and how you should 
conduct yourselves during the trial. 

When I have completed these 
instructions, the attorneys will make their 
opening statements. These statements will be 
brief outlines of what the attorneys expect 
to be evidence. 

After the opening statements, you 



will hear the evidence. The evidence 




generally consists of the numbered exhibits 
and testimony of witnesses. The plaintiffs 
will present evidence first. The defendant 
will then be given the opportunity to present 
evidence. 

Normally the plaintiff presents all 
of the plaintiffs evidence before the other 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

30 

parties present any evidence. Exceptions are 
sometimes made out of this usually to 
accommodate a witness. 

The witnesses will testify in 
response to questions from the attorneys. 

Witnesses are first asked questions by the 
party who calls the witness to testify, and 
then other parties are permitted to 
cross-examine the witness. 

Although evidence is preserved my 
asking questions, the questions themselves 
are not evidence. Any insinuation contained 
in a question is not evidence. You should 




consider a question only as it gives meaning 
to the witness' answer. 

Evidence may be presented by 
deposition. A deposition is testimony taken 
under oath before the trial and preserved in 
writing or sometimes it will be videotaped. 

During the trial objections may be 
made to the evidence or trial procedures. I 
may sustain objections to questions asked 
without permitting the witness to answer or I 
may instruct you to disregard an answer that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

31 

has been given. 

In deciding this case you may not 
draw an inference from an unanswered 
question, and you may not consider testimony 
that you are instructed to disregard. 

Any arguments about objection or 
motions are usually required to be made by 
the attorneys out of the hearing of the 
jury. Information may be excluded because it 




is not legally admissible. Excluded 
information cannot be considered in reaching 
your decision. 

A ruling that is made on an 
objection or motion will be based solely upon 
the law. You must not infer from a ruling 
that I hold any view or opinion for or 
against any parties to this lawsuit. 

When all of the evidence has been 
presented to you, the attorneys will make 
their closing arguments. The attorneys will 
point out to you what they contend the 
evidence has shown, what inferences you 
should draw from the evidence and what 
conclusions you should reach as your 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

32 

verdict. 

The plaintiff will make the first 
argument and will be followed by the 
defendant. Plaintiff will then respond to 
the defendant's arguments. Unless you are 




otherwise instructed, statements made by the 
attorneys are not evidence. Those statements 
are made only to help you understand the 
evidence and apply the law to the evidence. 

You should ignore any statement that is not 
supported by the evidence. 

After the arguments are made, I will 
instruct you on the rulings of law that apply 
to the case. It is your function as jurors 
to determine what facts — what the facts are 
and apply the rules of law that I have given 
you to the facts that you have found. 

You will determine the facts from 
all of the evidence. You are the sole and 
exclusive judges of the facts. On the other 
hand, you are required to accept the rules of 
law that I give you, whether you agree with 
them or not. 

As the sole judge of the facts, you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

33 



must determine which of the witness' 




testimony you accept, what weight you attach 
to it and what inferences you will draw from 
it. The law does not, however, require you 
to accept all of the evidence in deciding 
what evidence you will accept. 

You must make your own evaluation of 
the testimony given by each of the witnesses 
and determine the weight you will give to 
that testimony. You must decide which 
witnesses you believe and how important you 
think their testimony is. You are not 
required to accept or reject everything a 
witness says. You are free to believe all, 
none or part of any person's testimony. 

In deciding which testimony you 
believe, you should rely on your own common 
sense and every-day experiences. There is no 
fixed set of rules to use in deciding whether 
you believe a witness, but it may help you to 
think of the following questions: Was the 
witness able to see, hear or be aware of the 
things about which the witness testifies? 



How well was the witness able to recall and 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

34 

describe those things? How long was the 
witness watching or listening? Was the 
witness distracted in any way? Did the 
witness have a good memory? 

How did the witness look and act 
while testifying? Was the witness making an 
honest effort to tell the truth or did the 
witness evade questions? Did the witness 
have an interest in the outcome of the case? 

Did the witness have any motive, 
bias or prejudice that would influence the 
witness' testimony? How reasonable was the 
witness' testimony when you consider all of 
the evidence in the case? 

There are certain rules that would 
apply concerning your conduct during the 
trial and during recesses that you should 
keep in mind. Eirst, do not conduct your own 
investigation into the case, although you may 



be tempted do so. 




For example, do not visit the scene 



of an incident, read any books or articles 
concerning any issue in the case or consult 
any other source of information. If you were 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

35 

to do that, you would be getting information 
that is not evidence. You must decide the 
case only on the evidence and law presented 
to you during the trial. 

Any juror who receives any 
information about the case other than that 
presented at the trial must notify the Court 
immediately. Do not discuss the case either 
among yourselves or with anyone else during 
the trial. 

You must keep an open mind until you 
have heard all the evidence, the attorneys' 
closing arguments and my final instructions 
concerning the law. Any discussion before 
the conclusion of the case would be premature 



and improper. 




Do not permit any other person to 
discuss the case in your presence. If anyone 
does attempt to do so, report that fact to 
the Court immediately without discussing the 
incident with any of the other jurors. Do 
not speak to any of the attorneys, parties or 
witnesses in the case even for the limited 
purpose of saying good morning. They are 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

36 

also instructed not to talk to you. In no 
other way can all of the parties feel assured 
of your absolute impartiality. 

All right. There are a couple of 
additional comments I would like to make. I 
know that when you are over in the big room, 
the jury commissioner probably tells you 
don't ever leave anything lying around. I 
just want you to know that we have not had 
any unhappy experiences, that your personal 
affects are considered to be safe in the jury 



room. 




So if you have sweaters or coats or 
lunches or whatever else, then you can feel 
pretty safe leaving them back there while you 
are here or while you are gone to lunch. 

Also, if we need to take a comfort 
break, let us know and we'll be glad to 
accommodate you. We want to make this a 
pleasant experience for everyone. 

We would ask you to be on time 
whenever we are supposed to congregate. We'd 
hate to have to be waiting on someone who is 
disrespectful of the others and for some 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

37 

reason couldn't make it on time. 

Einally, I know that sometimes, 
usually after lunch, but any time of day you 
can become weary and just can't keep your 
eyes open. So I am going to designate each 
of you and authorize you to nudge your 
neighbor if you catch them dozing on us. 



All right. As I promised, the 




attorneys will give their opening statements, 
that is, they will tell you what they expect 
the proof to be in this case. After they 
have done that, we will begin to hear the 
proof. 

As I told you, this is a case on 
conspiracy. Conspiracy I guess in general 
terms would mean carrying out a design or 
plan where two or more have agreed to commit 
an act to do injury or damage. And the 
planning, of course, is not enough. They 
have to, in addition to the planning, do an 
act pursuant to that plan in order to be a 
co-conspirator. 

All right. The plaintiff will 

begin. Then after the defendant has given 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

38 

their opening statement, we will start to 
hear the proof in the case. 

Mr. Pepper. 



MR. PEPPER: Thank you. Your 




Honor. 



Good morning, ladies and gentlemen 
of the jury. On the 3rd of April, 1968, 
loving husband, father of four young children 
kissed his family goodbye and left for 
Memphis, Tennessee. He would never return. 

They would never see him alive again. 

On the 4th of April, 1968, 
approximately one minute past six in the 
evening as he stood on a balcony overlooking 
a parking area of the Lorraine Motel, he was 
felled by a single bullet, never regained 
consciousness and died shortly thereafter. 

That, ladies and gentlemen, is the 
beginning of this story. The plaintiff in 
this case, the victim, was a husband and a 
father, but he also was a prophetic figure in 
American history. He had been a civil rights 
leader as a young man after school and in his 
early pastor's years, but he moved beyond 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



39 




that calling, beyond that calling on behalf 
of the poor in the southern part of this 
country, in this area of this country, to 
become an international figure concerned with 
the plight of poor people, economic injustice 
and with the issues of peace and war. 

So as he grew in his leadership and 
his calling, he was awarded the Nobel Peace 
Prize. With that award he became truly an 
international figure, not a regional pastor 
fighting for justice on behalf of his 
people. He then turned his attention to the 
plight of poor people and the effect of war. 

He came out strongly during the last 
year of his life to oppose the war in Vietnam 
because he saw it destroying an ancient 
culture and civilization that had so much in 
common with the plight of black people and 
the poor everywhere in the world. So he 
opposed that war. 

He also turned his attention to the 

plight of poor people, the growing numbers of 

poor in the United States, and had put 




together a poor people's campaign that was to 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

40 

descend on Washington D.C. in the spring of 
1968, the very spring in which he was 
assassinated. That March an encampment did 
come off but without its leader. As such, it 
is history now that it did not have the 
impact that it might have had on the Congress 
of the United States. The victim was, of 
course. Dr. Martin Luther King, Jr.. 

The defendant in this case, Mr. Loyd 
lowers, who owned Jim's Grill, which was at 
the ground floor of a rooming house on South 
Main Street in Memphis at the time. It no 
longer exists, but the building is still 
there. Your Honor has quite correctly 
advised you not to go near the scene of this 
crime because it has changed so much over the 
years. It would only be very confusing for 
you. That is the reason for that 



instruction. 




At that time and now that building 
backed onto an area, like a vacant lot area 
or a backyard. That backyard was covered 
with brush and bushes, and beyond it was the 
Lorraine Motel and the balcony on which 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

41 

Martin Euther King stood when he was 
assassinated. The defendant managed and 
owned that grill, and the plaintiffs will 
attempt to prove that the wrongful acts and 
conduct of this defendant led to the death of 
Martin Euther King from behind his very 
premises, from the bushes, the brush in that 
area. 

Now, by way of disclosure to you, 
counsel for both parties have agreed not to 
conduct any interviews with the media, not to 
talk to the press at all, during the course 
of this trial. The Court has so instructed 
you with respect to that. 



We think that is a most important 




instruction, and, in addition, plaintiffs 
would hope that you would think carefully 
about the issues of this case and the facts 
that are presented and the evidence that 
comes before you and not considering what is 
on television or radio or in the newspapers 
regarding this case. 

We would ask you please consider 
staying away from any coverage of that sort 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

42 

and make your decision solely on what you 
hear in this courtroom. It is most 
important. 

Also by way of disclosure I have the 
obligation to tell you that I was a friend 
and a colleague of the victim in this case 
during only the last year of his life. Years 
later I began to look into the facts of this 
case and ultimately became convinced that the 
man accused of the crime was not guilty and 
undertook to represent him and was his lawyer 




for the last ten years of his life. 

He died in prison, never having a 
trial on the evidence in the case. And the 
plaintiff family decided that this man also 
was innocent of the crime and decided to come 
out and support a trial for him a few years 
before he died. 

Now, the Court has properly 
instructed you with respect to the nature of 
the evidence. There will be mostly live 
witnesses, but there will also be some 
deposition evidence that you will hear, some 
affidavits, some public statements, and the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

43 

Court will advise you as to the range of 
voracity you should put on any evidence that 
is admitted in this Court. But it will not 
all be live testimony, although indeed most 
of it will. 

With respect to the plaintiffs 

proof, it is — the case will be divided into 




a variety of sections. It is important to us 



, WEATHERFORD 




not the murder weapon and that the murder 
weapon was disposed of in another way. 

Plaintiffs will advance proof that 
there were a number of other people 
involved. As Your Honor has correctly told 
you, of course a conspiracy involves more 
than one. Whilst this case is focusing in a 
civil court on Mr. lowers as the defendant, 
there were other people involved. And some 
of those individuals will be developed in 
evidence. 

In particular one individual will be 
developed in evidence who was critical to the 
coordination of a lot of these activities and 
who is beyond the reach of this Court, 
although will be invited, has been invited, 
and will be invited to attend, but was a part 
of this conspiracy, this collaboration with 
Mr. lowers. 

Now, defendants have in their 

answer, their amended answer, indicated that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




45 



if liability results, and counsel has 
mentioned that yesterday, if liability 
results, attaches to his client, that it 
should also attach to other agencies and 
individuals. 

Because that door is open, 
plaintiffs will advance evidence of the 
extent and the scope of this conspiracy so 
that you understand the umbrella under which 
the defendant was operating, so it is clear 
to you the kind of total picture in which he 
found himself as he carried out his wrongful 
acts which led to this death. 

One indication of this conspiracy, 
why we are here thirty-one years later in 
this courtroom in Memphis, Tennessee, is the 
suppression of the truth, the cover-up that 
has lasted for so long and the effects of 
that cover-up in terms of people learning the 
truth and courts, such as this Court, being 
able to entertain proceedings designed to 



unearth that truth. 




This cover-up itself and that 
section of the case would show you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

46 

indications of the wrong and will relate 
directly to the wrong itself that we are 
proving here and alleging here. 

Now, because these witnesses will 
come from various parts of the country and 
various parts of the world, I must say, we've 
had to adjust to various schedules of 
people. So to some extent the evidence you 
hear up there may be disjointed. But what I 
ask you to consider is that each of the 
witnesses who testify with respect to facts 
will be putting forward to you a particular 
piece of this puzzle. And they are being 
called only for — he or she will be called 
only for that particular piece. So you must 
discern what that is in each instance. 

Yes, there will be an introductory 
statement so that you get to know the witness 




and who the witness is, get a feeling for 
whether he or she is credible. But beyond 
that there will be a piece of information. 

It would be very useful in our view 
for you, if you could, to take notes in the 
course of these proceedings. I know the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

47 

State I understand does not provide you with 
note paper or pads in this jurisdiction. But 
if you could provide yourselves with them 
just to make notes of particular facts that 
you think are relevant that a witness has 
testified to or an exhibit that you might 
want to look at further or later on during 
deliberations, that would be very helpful to 
you when you begin to refresh your own 
recollections, because there will be a lot of 
information coming out. 

There will be a great deal of 
information coming out from a number of 
witnesses. You may very well expect to 




forget some of it unless you have noted it 
down so you understand what they said. I 
urge you to consider using that, to use some 
mechanical way of recalling what has 
happened. I think that's basically it. 

I think plaintiffs believe that as a 
result of the evidence you will hear in this 
courtroom, that finally the truth will emerge 
in respect of the assassination of Martin 
Luther King, Jr. He often said that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

48 

truth-crushed earth will rise again. Well, I 
think plaintiffs sincerely hope that the 
truth will be resurrected in this courtroom. 

And that as a result of the truth being 
resurrected in this courtroom, the events, 
those horrible events of April 4th, 1968, 
will be unearthed and seen and understood. 

Eadies and gentlemen, prepare 
yourselves for the resurrection of truth with 
respect to that horrible day, April 4, 1968. 




And I suggest to you that some of the 
evidenee you hear may go to the essence of 
this Republic and may in fact shake some of 
the foundations of this Republic. So 
important is this case, so important is the 
evidence, please consider it carefully and 
well. 

We seek a verdict of liability 
against the defendant because he played a 
critical role in these events. But it goes 
well beyond him. And we're prepared to 
acknowledge and to establish that. 

Thank you. 

THE COURT: Mr. Garrison. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

49 

MR. GARRISON: If Your Honor 
please and Dr. Pepper and ladies and 
gentlemen, as you know. I'm Lewis Garrison. 

I represent Mr. lowers, who is the defendant 
in this case. 



I'd like to say this: I started 




forty years ago in this practice of law in 
August, and on April the 6th, 1968, 1 was 
about three hundred feet from this very spot 
in my desk when Dr. King was assassinated. 

Now, Dr. Pepper and I agree on 
probably eighty percent of the things that he 
is advocating and stating to you. There are 
some areas that we do not agree upon. I'll 
touch on those now. 

Ladies and gentlemen, April 4th, 

1968, this city was racially divided. 

November 16, 1999, it is still racially 
divided. I'm sorry to tell you, it is. It 
is an error we need to work on, and I hope 
this trial will bring out some things that 
perhaps will have some bearing on that. 

Mr. lowers has been around the City 
of Memphis a long time. He is a former 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

50 

police officer. When this occurred in 1968, 
he was operating a small restaurant called 




Jim's Grill. 



Now, you'll find that any part that 
he — he has conferred with Mr. Dexter King 
and Ambassador Young and told them some 
things that he knew and heard, but I think 
you will find that he was a very small part, 
if any — if any — in the assassination of 
Dr. King. He was simply operating a little 
restaurant down on South Main Street. 
Anything that Mr. lowers may have had to do 
with this certainly was unknown to him. 

He was never told that the target of 
an assassination was Dr. King. Certainly his 
feelings are that he was at sympathy with 
Dr. King and certainly for the things that 
Dr. King was seeking. 

Certainly Ms. King and her family 
have been made to suffer more than any family 
should. There is no question about that. 
They've had to go through more than a family 
should have to go through. We're certainly 
in sympathy with them and have always been. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




(901)529-1999 



51 

always have been behind Dr. King and the 
things that he was seeking. 

When I was growing up, not too far 
from here, we had separate rest rooms, 
separate water fountains, those type things, 
separate schools. It doesn't seem like it 
was very long ago. But after Dr. King came 
along, those things came to some extent, but 
we still take too much of our rights for 
granted. It has not always been the way it 
is now. 

In this trial you will hear from 
different persons that will bring forth 
things that you probably never heard before. 
For instance, there will be a police officer 
that will testify here about the United 
States government sending in agents just 
before Dr. King's assassination. You'll hear 
a lady here testify about a police officer 
who was her husband who was very prejudiced 
against people whose skin was not white. 




You'll hear, ladies and gentlemen, 

from a gentleman who will also tell you that 

he had a chance to be with Mr. James Earl Ray 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

52 

for some months before the assassination, and 
he'll provide information to you as to what 
Mr. Ray disclosed to him as to how he escaped 
from the Missouri prison, who helped him, and 
the purpose of it. 

I think, ladies and gentlemen, 
you'll find in this case that Mr. lowers was 
a very, very small cog in a big wheel, if he 
was a party at all. He never knowingly did 
anything that would have caused the death of 
Dr. King or brought any hardship on Ms. King 
or her family. 

Now, this has been a long process. 

I've been involved it seems like forever. It 
has been many, many years. Dr. Pepper has 
been involved in this three times as long as 



I have. But this is the final chapter. 




Whatever historians may write, your verdict 
will be the final chapter in this case. 

So in this case I think when you 

hear all the testimony here and all the proof 

that Dr. Pepper will offer and I'll offer, 

I'm going to be able to stand here and ask 
you not only if you find that Mr. lowers had 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

53 

anything to do with it, but there are others 
who are much more responsible than he was who 
knew what they were doing and who brought 
about the commission of this hate crime. 

That's what it was. And that others 
are responsible and that they should be held 
liable instead of Mr. lowers. It will be an 
interesting trial. I think that you will 
certainly find it interesting, and I hope 
that you do. 

If you will listen attentively, 

because this is a very important case in the 



history of this country. 




Thank you. 

THE COURT: Mr. Pepper, call 
your first witness, please. 

MR. PEPPER: Plaintiffs call 
Mrs. Coretta Scott King to the stand. 

CORETTA SCOTT KING 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mrs. King. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

54 

A. Good morning. 

Q. Thank you for being here. I realize 
how stressful it is at the time, particularly 
because of the gauntlet of the media out 
there. We're grateful for your presence. 

Could you just tell us by way of 
background what was the purpose of Dr. King's 
visit to Memphis, his involvement in Memphis 



and his coming here in 1968. 




A. Martin came to Memphis to support the 
sanitation workers who were engaged in a 
strike for better wages and working 
conditions. He felt it was important to come 
to support them because they were working 
poor people. 

Q. And how did the sanitation workers' 
strike and his support for that fit into the 
Poor People's March in Washington which had 
been planned for later on, the spring? 

A. He felt that it was important that he 
give his support to them because they were a 
part of what he was really struggling to get 
the nation to understand, that people work 
full-time jobs but in a sense for part-time 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

55 

pay. Even people who were poor who worked 
could not make a decent living. So they 
would then be invited to join the 
mobilization for the campaign which was to be 



held in Washington. 




Q. Right. And was this support — his 
support for the sanitation workers in Memphis 
and the plans for the Poor People's March in 
Washington to be covered by the umbrella of 
non-violence at all times? 

A. Absolutely. He felt that — as you 
know, his whole life was dedicated to 
non-violent struggle. Any time there was 
violence of any kind, it was very disturbing 
to him, and he disavowed it completely and 
whenever he had an opportunity to. 

He dedicated his life to helping 
people to understand the philosophy of 
non-violence, which he lived it as a way of 
life. And so when he came to Memphis — 

I don't know. Counsel, should I 
mention that he — I don't want to get ahead 
of myself, but when he came to Memphis the 
first time and there was a march that he led 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

56 



which his organization had very little to do 




with planning, that broke out in violence. 

It was very, very upsetting to him 
because most of the marches, I would say all 
of them, that he had led had always been 
mobilized with the support of the National 
Southern Christian Leadership Conference 
staff. Therefore, they were aware of any 
problems, any controversies that might exist, 
conflicts between groups and among groups. 
But he came that day from a trip, 
got off the plane and went straight to the 
head of the march. Of course, the march did 
break out in violence. It was most 
disturbing to him. 

So when he — when this happened, he 
felt that it was very important for him to 
return to Memphis to lead a peaceful, 
non-violent march before he could go forth to 
Washington. He had to demonstrate that a 
non-violent march, a peaceful march, could 
take place in Memphis because of the 
criticisms that were being leveled at that 



time. 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

57 

Q. So he returned to Memphis that last 
time because of the violence that broke out 
on the march of March 28th, and he was 
determined, from what you are saying, to 
restore the position of non-violence to the 
movement? 

A. Yes, that's correct. 

Q. Did he attribute — did he have any 
idea why that march on March 28th turned 
violent? Did he have any notion of what 
caused that? 

A. Well, I think he became aware that 
there was a local — well, he thought at the 
time what was a local group of young people 
who really precipitated the violence. The 
feeling was that there were some forces 
behind them, that they were not just persons 
who decided that they would throw rocks and 
break windows. 



Q. Now, what was behind or underlay his 




decision to come out against the war in 



Vietnam and to take on such a public 
political posture, if you will, which was 
quite a different change for him? 

DANIEL, DILLINGER, DOMINSKI, RICHl 

( 901 ) 529-1999 

58 

A. I must say that my husband had wanted 
to speak out against the war in Vietnam for 
many years before he actually did do so. He 
always — he understood the conflict that 
existed in Vietnam from its inception. And 
he realized that it was an unjust war in the 
first place. Then it was being fought 
against, you know, people of color who were 
poor. And wars, of course, for him didn't 
solve any social problems but created more 
problems than they solved. 

He felt that this particular war was 
not — we could not win. Of course, history 
proved him right within a very short period 
of time after he spoke out. As a matter of 
fact, one year after he spoke out against the 



, WEATHEREORD 




war, he was vindicated in that the nation had 



reversed itself and its policy toward that 
war. 

That was April 4th, 1968, when he 
actually spoke out against the war in his 
first public statement. But he said he had 
to do it because his conscience — he could 
no longer live with his conscience without 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

59 

taking a position. He felt that doing so, 
perhaps he could help to mobili z e other 
public opinion in support of his position, 
which was, again, against the war. 

Q. Do you recall the reaction of other 
civil rights leaders at that time when he 
came out against the war? 

A. Yes, I do. Civil rights leaders, 
other opinion makers, all criticized him, 
both black and white. It was certainly — 
certainly he expected it, but he probably 



didn't expect some of the people who 




criticized him to do so publicly. 

His way in the non-violent way was 
to privately disagree and to go and talk to 
persons which are having a disagreement, but 
to be attacked publicly was very difficult 
for him. He also knew that if he spoke out, 
it would probably affect the support, the 
financial support, for his organization, the 
Southern Christian Leadership Conference. 

And, of course, it did very 

profoundly. He knew that before he took that 

risk and that position. So it wasn't 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

60 

surprising, but, nevertheless, it was 
painful. 

Q. Was there much discussion at the time 
about him running for public office because 
he was being pushed forward as a third-party 
candidate with Dr. Benjamin Spock as an 
alternative to Eyndon Johnson's being 
returned to office at that time? What do you 




recall about him moving in that direction of 
more serious political activity? 

A. Well, I was aware of the fact that 
there was talk about his running for public 
office. It was interesting because from what 
I knew of him, I never thought that he would 
run for public office. Just knowing the kind 
of person he was, and because, you know, 
politics is very important and necessary, but 
he would be freer to make statements 
according to his conscience if he didn't run 
for public office, and because he was 
Christian minister and because he took his 
commitment so seriously, I felt that it would 
have been difficult for him. 

But at the same time I remember him 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

61 

saying that because of the criticisms that he 
had gotten as he had spoken out against the 
war, the media had stopped carrying any of 
his statements and they didn't understand — 




no one was getting his message, because the 
message wasn't being carried forth. 

There were a number of critical 
articles and some cover stories that were 
very critical of him at that time. Time 
magazine, for instance, did one in 1967 that 
was extremely critical. He had been the Time 
man of the year in 1964 after the Peace 
Prize, and 1957 was the first time, so it 
was, again, very painful for him not to be 
able to get his message out. 

So he said if I did run for office, 

it would be one way of getting my message out 

because I would have to be given equal time. 

The interesting thing about my 
husband, he always considered, you know, 
every aspect of an issue, both the pros and 
the cons. And then he would make his mind up 
as to what he would do. 

Q. Were there any comments that he made 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



62 




the night before his departure to Memphis, 
that last trip, any indications that he had 
of potential danger or the seriousness of the 
task that he faced in Memphis? 

A. I don't remember specific comments in 
that regard. But he had — after he returned 
from Memphis after the violence broke out, 
which was like on a Friday evening, he went 
back on a Tuesday — he went back on — 

Q. He arrived on a Wednesday, the 3rd. 

A. — on Wednesday morning. But in 
between that time I was aware of how heavily 
it weighed on him, the problem of — this 
whole problem of the sanitation workers' 
conflict and what he could do to help by 
getting his staff united. Because some of 
the staff didn't feel he should go to Memphis 
in the first place. He was very strongly in 
favor of that. 

So he came home late — I guess it 
was Tuesday evening he came in. There was 
not time to talk. He got up very early 
Wednesday morning to go to Memphis. He 




always called me, you know, almost every 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

63 

night when he was on trips, so he didn't say 
whole lot about it, but I could tell that he 
had a lot of anxiety and it was very heavily 
weighing on his mind. 

Q. Did he go through these times, and 
particularly this last year, manifesting an 
awareness that his life was in danger, that 
he had taken a path of action now that might 
have brought his life into danger? 

A. Yes. I think he was aware of that 
certainly. I might say he was aware from the 
early days after Montgomery, Montgomery 
forward, but I think as he got closer toward 
this period of his life, he was even more 
acutely aware. 

Given the positions that he had 

taken, he realized that, you know, he could 

be killed at any time, but for him, his 



commitment to what he believed and to a 




higher authority was such that he didn't mind 
giving his life for a cause that he believed 
in. 

He used to say that the end of life 

is not to be happy but to do God's will, come 

DANIEL, DILLINGER, DOMINSKI, RICHBEl 

(901)529-1999 

64 

what may. So for him being happy was when he 
could come out against the war against 
Vietnam. He said to a colleague, and I heard 
this on the telephone, I was the happiest man 
in the world when I could come out personally 
against this evil and immoral war, because I 
came to a point where I felt that silence was 
betrayal. 

So that was — I think that was his 
position. 

Q. Mrs. King, on March 10th, 1969, one 
James Earl Ray entered a guilty plea and was 
sentenced to ninety-nine years in prison for 
the assassination of your husband. Mr. Ray 
stayed in prison until he died. But he tried 



WEATHEREORD 




continually to get a trial. 

At one point the family decided to 
support an effort for a trial for Mr. Ray. 

Why did the family take that position that 
late in the day at that point in time? 

A. Well, as a matter of fact, it was 
because he of new information that we had 
received and largely because of the efforts 
that you had put forth to investigate a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

65 

number of these leads that had come out and 
found that they were reliable enough. 

When we looked at it and 
investigated it, we felt then that we had to 
take a position. Eor years we hoped that 
somebody else would find out, find the 
answers. We wanted to know the truth. But 
the truth was elusive. 

We wanted to go on with our lives. 

We felt the only way we could do it was to 
really take the position that we did take. 




because the evidence pointed away from Mr. 

Ray, not that he might have not had some 
involvement but he was not the person we felt 
that really actually killed him. 

THE COURT: Just a moment. I 

see this man aiming a camera at my jury. I 

don't know that he has been told not to. 

DEPUTY JAMES: I've instructed 
him not to take it of the jury. 

THE COURT: All right. Go 
ahead. 

Q. (BY MR. PEPPER) What was the general 
reaction to the family as a result of that 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

66 

position? Were there animosity? Were there 
attacks, lawsuits? What happened to the 
family, yourself and the children and the 
organization as a result of that position? 

A. Well, there were a number of media 
articles that were negative toward the 
family. As a result of that — there were 




several really and over a period of months, 
and as a result of it, we feel that there was 
some — it had affected some of the support 
that we might have been able to receive for 
the King Center. 

Q. Financial support? 

A. Financial support, yes. 

Q. Contributions? 

A. Yes. 

Q. Is that similar to what happened to 
SCLC back in 1967? 

A. That's right. 

Q. Mrs. King, why is the family bringing 
this action now thirty — almost thirty-one 
years later against the defendant, 

Mr. lowers? 

A. Well, it has only been recently that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

67 

we realized the extent of Mr. lowers' 
involvement. So we felt that it was 



important to bring it now. We're all getting 




older, ni say, and, of course, we wanted to 
be able to get the truth, as much of it as we 
can, out before it gets later. 

I don't know how much longer any of 
us will be around. That's not given. But 
the fact is that my family, my children and 
I — I've always felt that somehow the truth 
would be known, and I hoped that I would live 
to see it. 

And it is important I think for the 
sake of healing for so many people, my 
family, for other people, for the nation. I 
think Martin Luther King, Jr., served this 
nation. He was a servant. He gave his — he 
willingly gave his life if it was necessary. 

It is important to know, actually not because 
we feel a sense of revenge — we never have. 

We have no feeling of bitterness or hatred 
toward anybody. But just the fact that if we 
know the truth, we can be free, and we can go 
on with our lives. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




68 



Q. Mrs. King, is the family seeking a 
large monetary award from Mr. lowers as a 
result of this action? 

A. No, it is not about money. That's 
not the issue. I think what we're concerned 
about is the fact that certainly there is 
some liability by Mr. lowers, but we're 
concerned about the truth, having the truth 
coming out, and in a court of law so that it 
can be documented for all. And we were 
hoping that this would be one way of getting 
to the truth. 

MR. PEPPER: Mrs. King, thank 
you very much. 

MR. GARRISON: If we could 

possibly take a short break before I ask my 

questions. 

THE COURT: Very well. We will 
take a fifteen-minute recess. 

(Jury out.) 

(Short recess.) 



THE COURT: Are you ready for 




the jury? 

MR. GARRISON: Yes, if Your 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

69 

Honor please. 

THE COURT: Bring the jury out. 

(Jury in.) 

THE COURT: All right, ladies 
and gentlemen. I would like to read to you 
before we begin here the Court rules on 
taking notes. You are permitted to take 
notes during the trial. You may take notes 
only of verbal testimony from witnesses, 
including witnesses presented by deposition 
or videotape. 

You may not take notes during the 
opening statements or closing arguments or 
take notes of objections made to the 
evidence. You may not take notes during 
breaks or recesses. Notes may be made only 
in open court while witnesses are 
testifying. Your notes should not contain 




personal reactions or comments but, rather, 
should be limited to a brief factual summary 
of testimony you think is important. 

Please do not let your note-taking 
distract you and cause you to miss what the 
witness said or how the witness said it. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 

pay. Even people who were poor who worked 
could not make a decent living. So they 
would then be invited to join the 
mobilization for the campaign which was to be 
held in Washington. 

Q. Right. And was this support — his 
support for the sanitation workers in Memphis 
and the plans for the Poor People's March in 
Washington to be covered by the umbrella of 
non-violence at all times? 

A. Absolutely. He felt that — as you 
know, his whole life was dedicated to 
non-violent struggle. Any time there was 
violence of any kind, it was very disturbing 
to him, and he disavowed it completely and 




whenever he had an opportunity to. 

He dedicated his life to helping 
people to understand the philosophy of 
non-violence, which he lived it as a way of 
life. And so when he came to Memphis — 

I don't know, Counsel, should I 
mention that he — I don't want to get ahead 
of myself, but when he came to Memphis the 
first time and there was a march that he led 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

56 

which his organization had very little to do 
with planning, that broke out in violence. 

It was very, very upsetting to him 
because most of the marches, I would say all 
of them, that he had led had always been 
mobili z ed with the support of the National 
Southern Christian Leadership Conference 
staff. Therefore, they were aware of any 
problems, any controversies that might exist, 
conflicts between groups and among groups. 



But he came that day from a trip. 




got off the plane and went straight to the 
head of the march. Of course, the march did 
break out in violence. It was most 
disturbing to him. 

So when he — when this happened, he 
felt that it was very important for him to 
return to Memphis to lead a peaceful, 
non-violent march before he could go forth to 
Washington. He had to demonstrate that a 
non-violent march, a peaceful march, could 
take place in Memphis because of the 
criticisms that were being leveled at that 
time. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

57 

Q. So he returned to Memphis that last 
time because of the violence that broke out 
on the march of March 28th, and he was 
determined, from what you are saying, to 
restore the position of non-violence to the 
movement? 



A. Yes, that's correct. 




Q. Did he attribute — did he have any 
idea why that march on March 28th turned 
violent? Did he have any notion of what 
caused that? 

A. Well, I think he became aware that 
there was a local — well, he thought at the 
time what was a local group of young people 
who really precipitated the violence. The 
feeling was that there were some forces 
behind them, that they were not just persons 
who decided that they would throw rocks and 
break windows. 

Q. Now, what was behind or underlay his 
decision to come out against the war in 
Vietnam and to take on such a public 
political posture, if you will, which was 
quite a different change for him? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

58 

A. I must say that my husband had wanted 
to speak out against the war in Vietnam for 
many years before he actually did do so. He 




always — he understood the conflict that 
existed in Vietnam from its inception. And 
he realized that it was an unjust war in the 
first place. Then it was being fought 
against, you know, people of color who were 
poor. And wars, of course, for him didn't 
solve any social problems but created more 
problems than they solved. 

He felt that this particular war was 
not — we could not win. Of course, history 
proved him right within a very short period 
of time after he spoke out. As a matter of 
fact, one year after he spoke out against the 
war, he was vindicated in that the nation had 
reversed itself and its policy toward that 
war. 

That was April 4th, 1968, when he 
actually spoke out against the war in his 
first public statement. But he said he had 
to do it because his conscience — he could 
no longer live with his conscience without 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




59 



taking a position. He felt that doing so, 
perhaps he could help to mobili z e other 
public opinion in support of his position, 
which was, again, against the war. 

Q. Do you recall the reaction of other 
civil rights leaders at that time when he 
came out against the war? 

A. Yes, I do. Civil rights leaders, 
other opinion makers, all criticized him, 
both black and white. It was certainly — 
certainly he expected it, but he probably 
didn't expect some of the people who 
criticized him to do so publicly. 

His way in the non-violent way was 
to privately disagree and to go and talk to 
persons which are having a disagreement, but 
to be attacked publicly was very difficult 
for him. He also knew that if he spoke out, 
it would probably affect the support, the 
financial support, for his organization, the 
Southern Christian Leadership Conference. 



And, of course, it did very 




profoundly. He knew that before he took that 
risk and that position. So it wasn't 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

60 

surprising, but, nevertheless, it was 
painful. 

Q. Was there much discussion at the time 
about him running for public office because 
he was being pushed forward as a third-party 
candidate with Dr. Benjamin Spock as an 
alternative to Lyndon Johnson's being 
returned to office at that time? What do you 
recall about him moving in that direction of 
more serious political activity? 

A. Well, I was aware of the fact that 
there was talk about his running for public 
office. It was interesting because from what 
I knew of him, I never thought that he would 
run for public office. Just knowing the kind 
of person he was, and because, you know, 
politics is very important and necessary, but 



he would be freer to make statements 




according to his conscience if he didn't run 
for public office, and because he was 
Christian minister and because he took his 
commitment so seriously, I felt that it would 
have been difficult for him. 

But at the same time I remember him 
DANIEL, DILLINGER, DOMINSKI, RICHI 
(901)529-1999 
61 

saying that because of the criticisms that he 
had gotten as he had spoken out against the 

war, the media had stopped carrying any of 
his statements and they didn't understand — 
no one was getting his message, because the 
message wasn't being carried forth. 

There were a number of critical 
articles and some cover stories that were 
very critical of him at that time. Time 
magazine, for instance, did one in 1967 that 
was extremely critical. He had been the Time 
man of the year in 1964 after the Peace 
Prize, and 1957 was the first time, so it 

was, again, very painful for him not to be 



WEATHEREORD 




able to get his message out. 

So he said if I did run for office, 

it would be one way of getting my message out 

because I would have to be given equal time. 

The interesting thing about my 
husband, he always considered, you know, 
every aspect of an issue, both the pros and 
the cons. And then he would make his mind up 
as to what he would do. 

Q. Were there any comments that he made 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

62 

the night before his departure to Memphis, 
that last trip, any indications that he had 
of potential danger or the seriousness of the 
task that he faced in Memphis? 

A. I don't remember specific comments in 
that regard. But he had — after he returned 
from Memphis after the violence broke out, 
which was like on a Eriday evening, he went 
back on a Tuesday — he went back on — 

Q. He arrived on a Wednesday, the 3rd. 




A. — on Wednesday morning. But in 
between that time I was aware of how heavily 
it weighed on him, the problem of — this 
whole problem of the sanitation workers' 
conflict and what he could do to help by 
getting his staff united. Because some of 
the staff didn't feel he should go to Memphis 
in the first place. He was very strongly in 
favor of that. 

So he came home late — I guess it 
was Tuesday evening he came in. There was 
not time to talk. He got up very early 
Wednesday morning to go to Memphis. He 
always called me, you know, almost every 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

63 

night when he was on trips, so he didn't say 
whole lot about it, but I could tell that he 
had a lot of anxiety and it was very heavily 
weighing on his mind. 

Q. Did he go through these times, and 
particularly this last year, manifesting an 




awareness that his life was in danger, that 
he had taken a path of action now that might 
have brought his life into danger? 

A. Yes. I think he was aware of that 
certainly. I might say he was aware from the 
early days after Montgomery, Montgomery 
forward, but I think as he got closer toward 
this period of his life, he was even more 
acutely aware. 

Given the positions that he had 

taken, he realized that, you know, he could 

be killed at any time, but for him, his 

commitment to what he believed and to a 

higher authority was such that he didn't mind 

giving his life for a cause that he believed 

in. 

He used to say that the end of life 

is not to be happy but to do God's will, come 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

64 

what may. So for him being happy was when he 
could come out against the war against 




Vietnam. He said to a colleague, and I heard 
this on the telephone, I was the happiest man 
in the world when I could come out personally 
against this evil and immoral war, because I 
came to a point where I felt that silence was 
betrayal. 

So that was - I think that was his 
position. 

Q. Mrs. King, on March 10th, 1969, one 
James Earl Ray entered a guilty plea and was 
sentenced to ninety-nine years in prison for 
the assassination of your husband. Mr. Ray 
stayed in prison until he died. But he tried 
continually to get a trial. 

At one point the family decided to 
support an effort for a trial for Mr. Ray. 

Why did the family take that position that 
late in the day at that point in time? 

A. Well, as a matter of fact, it was 
because he of new information that we had 
received and largely because of the efforts 
that you had put forth to investigate a 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



65 

number of these leads that had eome out and 
found that they were reliable enough. 

When we looked at it and 
investigated it, we felt then that we had to 
take a position. For years we hoped that 
somebody else would find out, find the 
answers. We wanted to know the truth. But 
the truth was elusive. 

We wanted to go on with our lives. 

We felt the only way we eould do it was to 
really take the position that we did take, 
beeause the evidenee pointed away from Mr. 
Ray, not that he might have not had some 
involvement but he was not the person we felt 
that really aetually killed him. 

THE COURT: Just a moment. I 

see this man aiming a eamera at my jury. I 

don't know that he has been told not to. 

DEPUTY JAMES: I've instrueted 

him not to take it of the jury. 



THE COURT: All right. Go 




ahead. 



Q. (BY MR. PEPPER) What was the general 
reaction to the family as a result of that 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

66 

position? Were there animosity? Were there 
attacks, lawsuits? What happened to the 
family, yourself and the children and the 
organization as a result of that position? 

A. Well, there were a number of media 
articles that were negative toward the 
family. As a result of that — there were 
several really and over a period of months, 
and as a result of it, we feel that there was 
some — it had affected some of the support 
that we might have been able to receive for 
the King Center. 

Q. Einancial support? 

A. Einancial support, yes. 

Q. Contributions? 

A. Yes. 



Q. Is that similar to what happened to 




SCLC back in 1967? 



A. That's right. 

Q. Mrs. King, why is the family bringing 
this action now thirty — almost thirty-one 
years later against the defendant, 

Mr. lowers? 

A. Well, it has only been recently that 

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we realized the extent of Mr. lowers' 
involvement. So we felt that it was 
important to bring it now. We're all getting 
older. I'll say, and, of course, we wanted to 
be able to get the truth, as much of it as we 
can, out before it gets later. 

I don't know how much longer any of 
us will be around. That's not given. But 
the fact is that my family, my children and 
I — I've always felt that somehow the truth 
would be known, and I hoped that I would live 
to see it. 



And it is important I think for the 




sake of healing for so many people, my 
family, for other people, for the nation. I 
think Martin Luther King, Jr., served this 
nation. He was a servant. He gave his — he 
willingly gave his life if it was necessary. 

It is important to know, actually not because 
we feel a sense of revenge — we never have. 

We have no feeling of bitterness or hatred 
toward anybody. But just the fact that if we 
know the truth, we can be free, and we can go 
on with our lives. 

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Q. Mrs. King, is the family seeking a 
large monetary award from Mr. lowers as a 
result of this action? 

A. No, it is not about money. That's 
not the issue. I think what we're concerned 
about is the fact that certainly there is 
some liability by Mr. lowers, but we're 
concerned about the truth, having the truth 
coming out, and in a court of law so that it 




can be documented for all. And we were 



hoping that this would be one way of getting 
to the truth. 

MR. PEPPER: Mrs. King, thank 
you very much. 

MR. GARRISON: If we could 

possibly take a short break before I ask my 

questions. 

THE COURT: Very well. We will 
take a fifteen-minute recess. 

(Jury out.) 

(Short recess.) 

THE COURT: Are you ready for 
the jury? 

MR. GARRISON: Yes, if Your 

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Honor please. 

THE COURT: Bring the jury out. 

(Jury in.) 

THE COURT: All right, ladies 



and gentlemen. I would like to read to you 




before we begin here the Court rules on 
taking notes. You are permitted to take 
notes during the trial. You may take notes 
only of verbal testimony from witnesses, 
including witnesses presented by deposition 
or videotape. 

You may not take notes during the 
opening statements or closing arguments or 
take notes of objections made to the 
evidence. You may not take notes during 
breaks or recesses. Notes may be made only 
in open court while witnesses are 
testifying. Your notes should not contain 
personal reactions or comments but, rather, 
should be limited to a brief factual summary 
of testimony you think is important. 

Please do not let your note-taking 
distract you and cause you to miss what the 
witness said or how the witness said it. 

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Remember that some testimony may not appear 




to be important to you at the time. The same 
testimony, however, may beeome important 
later in the trial. 

Your notes are not evidence. You 
should not view your notes as authoritative 
records or consider them as a transcript of 
the testimony. Your notes may be incomplete 
or may have certain errors and are not an 
exact account of what was said by a witness. 
All right. You may proceed, 

Mr. Pepper. 

Oh, would you like to cross-examine, 

Mr. Garrison? 

CROSS-EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mrs. King. 

A. Goods morning. 

Q. Ms. King, you and I met before and 
we've talked a few times. I've talked to 
your sons several times. 

Eet me say this to you: I know it 

isn't easy for you to be the mother of four 

children, but they are all fine, honorable 




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sons and daughters, very fine, honorable 
people and I know you are pleased with them. 
I know Dr. King would be. 

Let me ask you, Ms. King, you've 
never been afforded the opportunity to come 
into a court of law such as this and be able 
to be a witness as a part of it, have you? 

When Mr. Ray had a hearing, you were not a 
party to that hearing, were you? 

A. No. 

Q. You never had an opportunity to come 
into a court of law before this to have a 
jury decide the issues in the case. Am I 
correct, please, ma'am? 

A. That's correct. 

Q. Let me ask you, did Dr. King before 
his assassination, sometime before he came to 
Memphis, did he receive a lot of threats that 
you are aware of that may be hearsay? Was he 



aware of a lot of threats? 




A. Well, the morning that he was to come 



, WEATHERFORD 




security. 

Q. Let me ask you, Ms. King, when Dr. 

King returned from Memphis after the march, 
do you recall — was there any particular 
group or any particular person that insisted 
he come back here a second time? Did he ever 
mention to you anything about any particular 
person or any group that insisted on him 

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coming back a second time? 

A. I don't know about his coming back 
specifically, but I know about his coming 
initially. I think what he had said publicly 
before he left was that he was planning to 
come back. So I think there was that 
understanding that he would be coming back. 

How it came about I'm not sure. 

Q. You mentioned earlier I believe that 
he seemed to be agonizing over the fact that 
he would return to Memphis. Was that because 



of the threat or because of the conditions 




here? 



A. No, not because of the threats but 
just because it was so important that he lead 
a non-violent demonstration. Of course, 
there was an injunction. He had to get past 
the injunction as well. He took those — his 
responsibility very, very seriously, because 
he knew that the nation and indeed the world 
was watching. In his own conscience he 
wanted to be clear that he was doing the 
right thing. 

Q. Now, Ms. King, you are aware of the 

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fact that Mr. lowers had met and conferred 
with Mr. Dexter King, your son, on one 
occasion, then again with Mr. Dexter King and 
Ambassador Young on another occasion. You 
have heard about that. I'm sure? 

A. Yes, yes. 

Q. Are you aware of the fact that 



Mr. lowers stated to them each time he met 




with them that he was not aware of any of the 
acts he did that would lead up to the 
assassination of Dr. King, that whatever 
acts — there was no mention of that to him, 
that he had no idea that whatever acts he may 
have been called upon he had no idea would 
lead to the assassination Dr. King? Are you 
aware of that? 

A. I'm not aware of the conversation as 
much as I wasn't involved with it. So I 
couldn't speak to the detail of that. 

Q. I see. 

MR. GARRISON: I believe that's 
all. Thank you, Ms. King. 

THE COURT: Any redirect? 

MR. PEPPER: Nothing further, 

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Your Honor. 

THE COURT: You may stand down, 

Ms. King. 



(Witness excused.) 




MR. PEPPER: Plaintiffs call Dr. 



Cobey Smith. 

COBEY SMITH 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Dr. Smith. 

A. Good afternoon. 

Q. Thank you for eoming here. Would you 
state your full name and address for the 
record, please. 

A. Cobey Vernon Smith, 2240 Brown 
Avenue, Memphis, Tennessee. 

Q. And what is your occupation? 

A. I'm an educator consultant. 

Q. Were you a member of a group called 
the Invaders back in 1968? 

A. Yes. 

Q. You were an aetive member of that 

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76 




group at the time of the assassination of 
Martin Luther King? 

A. Yes. 

Q. At the time of the sanitation 
workers' strike? 

A. Yes. 

Q. And when were the Invaders formed? 

A. In 1967. 

Q. Who formed that group? 

A. I formed that group along with 
Charles Cabbage and John Smith. 

Q. What was the purpose of the 
Invaders? What was their organizational 
purpose? 

A. The purpose was to provide an 
organizational format for young people, for 
people in the City of Memphis. We really 
formed as a result of the Meredith march in 
Mississippi, which is when I first met Dr. 

King. Many of us who had gone down became 
active in organizing and became proponents of 
the black power movement. We saw ourselves 
as agents for liberation of our people 




throughout the country. 

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I don't know whether people can 
really remember this, but in 1966 and 1967 it 
was extremely unsafe to walk the streets in 
cities like Memphis and southern cities 
across the country, cities all over. So we 
saw ourselves as an organizing tool to make 
people aware of the fact that we were a free 
people with all the rights and privileges of 
Americans, to operate and seek prosperity, 
equality and all the other things that were 
rightfully ours by law. 

Q. So the Invaders were a local 
community-organizing group? 

A. That's right. 

Q. How were the Invaders funded? How 
were they financed? 

A. Out of our own pocket. We received 
no real funding. We received one grant for 
the black organizing project, which is a 




grant I wrote in 1967. We received some jobs 
from the War on Poverty Commission. 

Cab and I were hired as 
thirty-dollar-a-week organizers in 1967, a 
job from which we were fired because we had 

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affiliation with SNCC and other 
organizations. 

Q. Would you tell the jury what SNCC 
stands for? 

A. The Student Non-violent Coordinating 
Committee. 

Q. What was the Student Non-violent 
Coordinating Committee? 

A. It was a national organization which 
spent — which really developed out of the 
civil rights movement which at its inception 
provided the foot soldiers for the civil 
rights movement, the young men and women who 
went out and desegregated lunch counters, 
students from all over the country, many from 




Memphis, incidentally, who became the cannon 
fodder for the movement, as a matter of 
fact. 

We would go out and do the 
organizing work, go into the rural areas, go 
into the cities, the colleges, the prisons, 
everywhere there was a need really to let 
people know the kinds of things that Dr. King 
and others had talked about were realities 

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for us. 

Q. Did you see yourself in a sense as 
foot soldiers, community-based foot soldiers, 
in that movement? 

A. Well, you know, now that I'm a 
gray-haired old man, I don't want to be vain 
enough to say that. We really thought that 
we were a chosen few on a mission. We really 
saw ourselves as helping fulfill the American 
dream. 



We were idealists for the most 




part. We were people born of desire to 
change the concept in America from its 
desegregated biased roots and its hatred for 
African-Americans to people who understood 
that we should enjoy the right to vote, the 
right to speak freely, the right to come and 
go as we please, to live where we wanted to, 
to seek an education, all those little things 
that people now seem to say we take for 
granted. 

Q. With this background and this history 
and this organizational activity, was there a 
time when you associated - became associated 

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with Dr. King's activities in Memphis? 

A. Oh, yes. Oh, yes. 

Q. When was that? 

A. When the sanitation workers started 
their — we did the basic street organizing, 
you might say, for the events that led up to 



the sanitation workers' strike. We went out 




and got the — we told grown men that they 
had a right to petition government, to 
question police, to do all kinds of things. 

Then when the organization, the 
AFSCME, which is the American Federation of 
State, County, Municipal Employees, started 
to organize its membership, many of its 
leaders came to us and they accepted our 
efforts to go out in the communities and gain 
support for the kind of people who needed 
this help. 

When you say this to somebody, it 
probably sounds — I don't know how to really 
describe it because this was a very dangerous 
thing to do. You didn't have a right to go 
and talk to the city government about 
organizing its employees. That was against 

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the law. You did not have a right to 
question a policeman if they stopped you and 



talked to you or if they asked you a 




question. And people were afraid. 

We didn't have many lawyers, judges, 
anything else, who would actually stand up to 
the kind of abuse that we were subjected to 
here in Memphis. 

So when the sanitation workers got 
together and decided they would organize, 
they offered a list of things that they 
wanted, to be recognized as a union, to 
receive the same pay as white employees, 
other kinds of things, that seem so mundane 
to us now. That platform that they used, we 
had been using it for a few years since a man 
who is now a judge ran for public works 
commissioner. 

So we were involved in this process 

actively trying to get it together. And that 

year when we became — when the union kind of 

put itself together, the real hell broke 

loose in Memphis. The mayor decided that it 

would never be recognized. A group of 

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ministers got together and decided that they 
would work in support of the union. 

We worked hard to get them to come 
in. And because we were having such great 
difficulty with the white community resisting 
this whole effort, with many people in the 
black community being threatened and who were 
afraid, the leadership of the strike itself 
decided to invite Dr. King here. 

Dr. King was not only the greatest 
leader that we've ever had, he was a person 
who by his bearing and presence brought a 
kind of calm to the entire community, to 
those who were opposed to us. We understood 
because of our youth and our exuberance that 
sometimes we were not perceived as being 
ready to lead. 

There were people who were afraid of 
us because we would stop and ask questions. 
Well — or because we would even resist the 
kinds of pushing around that we received. 

Several days after the start of the strike 




itself, the sanitation workers had a march 
down Main Street, and the police took their 

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cars and pushed them into the sidewalk. 

Q. Do you know — excuse me for 
interrupting. Do you know the date of that 
particular march? 

A. No, I don't remember the exact date. 

But it was — 

Q. Was it in Eebruary of 1967 or March 
of 1967? 

A. It would have been in Eebruary. 

Q. Early on in the strike? 

A. Yes. Very early in the strike. A 
number of sanitation workers were injured. 

Before that happened, two men were killed, 
were crushed, in a garbage truck, one that 
automatically closed down and collected the 
garbage. That set off a fierce to 
resistance, a fierce resistance. 



When they had to march down Main 




Street and the police attacked them, dogs, 
clubs, guns, beat the hell out of a lot of 
them, we really decided to ask for a more 
militant stance from the union itself. 

This probably sounds pretty mundane, 
but prior to that time the religious leaders 

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did not want to approach this as if it were a 
regular strike. Many of us had grown up in 
the — with roots to the labor movement, just 
as we had to the civil rights movement. 

We believed, for example, that 
ASCEME should operate its strike just like 
the AEL-CIO or the Teamsters or anybody else 
and that we should stop the flow of trucks 
that were being driven by strike breakers, 
that we should end this garbage collection 
that was designed to break the strike. Well, 
we found ourselves in a greatly divided 
strike effort. 



Many of the ministers and some of 




the black leaders in town were much more 



interested in compromising and going along 
with the edicts of the city administration. 

We did not want to see that occur. 

We wanted a full and legitimate 
recognition of the union. We wanted to make 
sure that the rights of these employees were 
protected. Most of these men were from rural 
West Tennessee, had been driven off the farm, 
had come in from places like Fayette County 

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where they had been driven off the land in 
what we call the Tent City. 

Q. The founder of Tent City will be 
testifying in these proceedings. So we can 
move from that. But let me move you onto the 
association with Dr. King. What was the 
relationship that emerged between the 
Invaders and SCLC, Dr. King's organization 
here in Memphis, related to the sanitation 



workers' strike? 




A. Originally when Dr. King's people got 
here there was a kind of an uneasiness 
between the two organizations. In fact, 
there were — there was a brief struggle, 
skirmish, that kind of occurred, some bad 
feelings, some other things. It took Dr. 

King's arrival here to ease those problems 
out, to kind of smooth that over. We 
insisted on following the same principles 
that we had learned from Dr. King during the 
Meredith march in Mississippi and other 
places. 

Q. Did the Invaders with its 
relationship with SCLC play a role in the 

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first march that Dr. King led here on the 
28th of March, 1967, on behalf of the 
sanitation workers' strike? 

A. We did not play an active role in 

that march because the night before. Reverend 

Jim Lawson and reverend H. Ralph Jackson came 




to the steering committee and presented a 
letter with bullets in it and said that they 
had been sent by the Invaders and that we had 
threatened them. Consequently I ordered the 
members of our organization off the streets, 
not to participate. 

Q. So the clergy-led steering committee 
received from somewhere — 

A. From somewhere. 

Q. — a letter with some bullets in it? 

A. Yes. 

Q. And that was represented as having 
been sent by the Invaders? 

A. That's right. 

Q. It was taken as a threat by the more 
traditional civil rights groups here? 

A. Yes. They were very annoyed with 
us. They didn't like our style. They didn't 

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like the blue jeans, the long hair. I used 



to have hair. 




Q. Dr. Smith, style aside, did the 
Invaders send that threat to — 

A. No, no. 

Q. — to the organization? 

A. Quite frankly, the protocol for 
groups like ours, if we intended on sending a 
message, we sent a message. We were not 
interested in showing — 

Q. Let me move you on. You know the 
march on the 28th of March became violent? 
A. Yes. 

Q. That was perhaps the only violent 
march or march that turned violent that Dr. 
King ever led. 

A. Yes. 

Q. And you know that the Invaders have 
been blamed for causing that disruption. 

A. Yes. 

Q. And you know that Dr. King returned 
to Memphis to lead another march on his fatal 
trip here as a result of that violent march? 

A. Yes. 



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88 

Q. Now, let me ask you, did the Invaders 
disrupt that march? 

A. No. 

Q. How was that march disrupted? Who 
disrupted that march, to the best of your 
knowledge? 

A. We received — 

Q. Strike that. Let me rephrase that. 

Did you conduct as an organization an 
investigation? 

A. Yes. I personally conducted an 
investigation. I ordered a complete 
investigation to see if any of our people 
were involved. As I said, I put an order out 
that our people would not attend the march 
because we had already, once that letter had 
been sent with the bullets in it, we knew 
that we would receive the blame. 

Our people started to report the 

influx of other individuals who were coming 

in with Illinois license plates who were seen 




about town, who were seen on Beale Street by 
our affiliates on Beale Street, and who were 
members of several organizations, some the 

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Black Egyptians out of East St. Louis, some 
reported to have been Blackstone Rangers out 
of Chicago. 

Q. So these were strangers that came to 
Memphis just prior to this march. Is that 
what you are saying? 

A. That's right. 

Q. Why would they have come to Memphis? 

A. We have no idea, because usually when 
organizations came to town, they would 
contact us. The Black Egyptians did. Chuck 
Cohen and some other people did in fact 
contact our people in an appropriate 
fashion. The ones we were concerned about 
were unidentified. 

This is very unusual, because the 

nature of the movement was such that people 




relied on each other for housing, for 
accommodations, for transportation, for 
information, for all kinds of things. The 
nature of the movement was a very communal 
kind of thing. Everybody helped everybody if 
we could. 

Q. What did you learn about the 

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disruption of that march and what do you know 
about — from personal knowledge do you know 
about how that march was disrupted? 

A. That march was disrupted, in my 
opinion, by police and by agents from parts 
unknown who came here specifically to 
embarrass Dr. King and to disrupt the march. 

The EBI reports, classified reports that have 
since been released, indicate to me that 
through the informants that they — they 
always black out the name of the 
informants — always indicate that there were 
plans to disrupt our activities, to single 




out the individuals in my organization and 
several other organizations as the kind of 
fall guys. 

We were supposed to be the ones who 
would be blamed. Some indication was that 
the march was supposed to be stopped at Main 
Street and turned south on Main instead of 
being allowed to turn north where we were 
supposed to have had a warehouse with weapons 
in it and we were going to start a race war. 

Q. This was the kind of rumor that you 

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heard? 

A. Yes, yes. 

Q. As a result of the violent disruption 
of the march. Dr. King decided to come back 
to Memphis? 

A. Yes. 

Q. And the Invaders established yet a 
closer working relationship with him? 



A. Yes. 




Q. This time? 

A. Yes. 

Q. Were you going to work closely in the 
preparation of the next march? 

A. Yes, yes. There were some essential 
problems with that first march. There were 
no marshals. There were no people on the 
march route who would establish what the 
perimeters of the march would be. In a 
disciplined march, you always have to have 
someone organize the flanks to keep the 
people separated from the pedestrians, so to 
speak, who would stand there, even though we 
encouraged people to join the march, the idea 
is you have to have very disciplined people 

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who will not break windows, who will not run, 
who will not panic, who will not be afraid, 
in case we met force. 

The marshals were instructed to 



protect people, to show them how not to panic 




and cause themselves to be hurt. That didn't 



exist in the first march. In the second 
march, Dr. King made an agreement for the 
Invaders to participate in the march, to be 
marshals for the march, to protect 
individuals and to make certain that we were 
not blamed for things that ultimately 
happened in the first march. 

Q. Just reverting quickly to the 
break-up of the first march, do you know 
which hotel Dr. King was taken to when that 
march turned violent? 

A. Yes. He was taken to the Rivermont. 

It was a Holiday Inn flagship, which is now 
an apartment building. But when our people 
went up there, he had no guards on his room, 
they went straight to the room and were able 
to see Dr. King without anybody protecting 
him. We thought that was horrendous. We 

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thought that that was — we really were very 




afraid for Dr. King at that time. 

Q. In the planning in which you were 
engaged in the second march, the march that 
Dr. King never made, the march which in fact 
became a memorial march for his death, did 
you take up rooms under the — with the 
financial support of his organization? 

A. Yes. Yes. 

Q. Did you take up those rooms at the 
Lorraine Motel? 

A. Yes. 

Q. The very place where Dr. King was 
assassinated? 

A. Yes. As a part of the organization. 

Q. Do you recall how many rooms the 
Invaders had there? 

A. They had two rooms. 

Q. And how many Invaders were in those 
rooms at that time? 

A. The total numbers probably ran to 
about twenty, from ten to twenty Invaders. 

Some would leave and come back. Other people 
would come. But around ten to twenty. 




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Q. And this was a part of your working 
arrangement with Dr. King so you would be on 
site to plan with him. Is that right? 

A. That's right. And to assist in 
SCLC's efforts in whatever fashion was 
required. 

Q. Were the Invaders at some point 
summarily asked to leave the Lorraine Motel? 
A. My field representatives called and 
reported they had been asked to leave the 
hotel, that they had been put out. 

Q. When did that take place? 

A. Just a little while before the 
assassination. 

Q. On the day of April 4th? 

A. On the day of April 4th. 

Q. Close to the time of the 
assassination? 

A. Yes. Within a few hours. 



Q. Excuse me. 




A. Within a few hours. 



Q. Did the Invaders in fact leave the 
motel at that time? 

A. Yes. It was a very difficult 

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situation. Some Invaders were still there, 
but once put out of the room, the main body 
of our group had to do what they were asked 
to do. At the time that I received the 
report from the people in the field, they 
were also concerned about a number of other 
things. 

There was no police presence. It 
was a very confused situation. We did not 
know who was in charge. Some of — I could 
not get a clear answer about who gave the 
order to put the Invaders out of the hotel. 

Q. We may come to that with other 
witnesses. But were you surprised that you 
were asked to leave the hotel? 



A. Yes. Yes. 




Q. This was not in accordance with your 
arrangements with Dr. King? 

A. No, it was not. Dr. King had agreed 
to involve the Invaders. He had chastised 
his people for making it difficult for the 
Invaders to operate along with them. We had 
a very good relationship. 

Dr. King probably is the reason — 

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James Lawson and Dr. King are the reasons 
that I have spent almost thirty-five years of 
my life in the movement. 

MR. PEPPER: No further 
questions. Your witness. 

THE COURT: Do you expect your 
cross-examination to be lengthy? 

MR. GARRISON: I don't think it 
will be terribly long. I'll go on if you 
want me to. 

THE COURT: I'll take about five 



seconds. Then you can continue with your 




examination. 



(Brief recess.) 

THE COURT: Mr. Garrison. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Dr. Smith, if I may ask you a few 
questions, I would appreciate it. Eet me ask 
you, during the time that you were working 
with Dr. King's group, were you made aware of 
any threats against Dr. King by any source? 

A. No. 

Q. And when Dr. King came in the first 

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time when there was a march and there was a 
riot and he had gone back to Atlanta, are you 
aware of the fact that he planned to come 
back or said I'll be back? How was that 
left? 

A. I was aware that Dr. King was going 
to be back. We were extremely interested in 
making sure that the march worked, that the 




sanitation workers' strike was successful. 

Q. Among the group that you were with, 

Dr. Smith, the Invaders, was there a 
gentleman whose name was Merrell McCullough? 

A. Yes. 

Q. What part did he play in this? 

A. Merrell McCullough was our director 
of transportation. He had the only car and 
the only gas. So we made him the minister of 
transportation. That should have made us 
leery right there. We're talking about some 
poor youngsters in a very poor town. I guess 
you can say that Memphis is still a poor 
town. 

We didn't have anything. We didn't 
have any money. We got around the best we 

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could, which was usually to bum a ride. In 
fact, the police would sometimes have to give 
us a ride. The ones that were watching us 



would sometimes give us a ride. 




McCullough was a very accessible 
person. He would come to my home every day, 
as he would go around all the Invaders. When 
I met him, he was introduced to me by what we 
call the Riverside Invaders, who brought him 
into the organization. 

Q. Did you later learn that he at that 

time was working undercover for the Memphis 

Police Department? 

A. Yes. I was invited down to the 
police department after Dr. King was 
assassinated, and I was introduced to him by 
inspector types of the Memphis Police 
Department as Officer Merrell McCullough. 

Q. And would it surprise you to learn 
that he was brought into Mr. lowers' 
restaurant by another officer and introduced 
as Officer Merrell McCullough? 

A. I did not know about that until much 
later on, but I was extremely surprised. I 

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think one of the reasons I was surprised is 
because we felt that there were people who 
would infiltrate our group, but we did not 
have any idea that the infiltration was of a 
nature broader than the local police 
department. 

We knew that many members of the — 
many men who are now members of the police 
department, in fact, the former police 
director who has just recently resigned, was 
also an undercover agent in our 
organization. 

Q. Dr. Smith, the day that the 
assassination occurred, you were along with 
some other members of your group in a room or 
two rooms at the Lorraine Motel. Am I 
correct, sir? 

A. The members of my organization were 
there. 

Q. What floor were you on? 

A. On the second floor. 

Q. All right. Was there a time that day 
that you had occasion to look across the 




street to see what was down on the street 



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below the motel and across over there on the 
other side? Did you have any occasion to do 
that that day that you recall? 

A. I did not. On that day I had to 
leave to maintain what we call our 
information center. What I had to do was to 
receive the information from around the city 
from our various locations where we thought 
the strategic information that told us what 
was happening with the strike itself, with 
the plans for events and activities, in 
preparation for the strategy team's meeting 
and that sort of thing. 

Q. All the time that you were at the 
hotel and the going and coming, do you ever 
remember seeing anyone in that brush area 
there across from the hotel? Do you ever 
recall any activity, seeing anyone in that 



area? 




A. No, I did not see anyone in that 



area. 

MR. GARRISON: Dr. Smith, I had 
hair once like you. Thank you. 

THE COURT: Any redirect? 

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MR. PEPPER: Very briefly. Your 
Honor. 

THE COURT: Go ahead. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Dr. Smith, do you know where Merrell 
McCullough is employed today? 

A. I understand he is employed at the 
Central Intelligence Agency out of Langley, 

Maryland. 

Q. Langley, Virginia? 

A. Virginia. 

MR. PEPPER: No further 
questions. 



THE COURT: All right. You may 




stand down, Dr. Smith. 



(Witness excused.) 

THE COURT: All right, ladies 
and gentlemen, we're going to take our lunch 
break at this time. We'll resume at two 
o'clock. 

(Lunch recess.) 

THE COURT: All right. Bring 
the jury out, please. 

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102 

(Jury in.) 

THE COURT: All right, 

Mr. Pepper. Call your next witness. 

MR. PEPPER: Thank you. Your 
Honor. 

Plaintiffs call in Charles Cabbage. 

CHARLES CABBAGE 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 



BY MR. PEPPER: 




Q. Good afternoon, Mr. Cabbage. 

A. How are you doing, sir. 

Q. For the record, would you state your 
full name and address, please. 

A. Charles Laverne Cabbage, 1942 Florida 
Street, Number 6, Memphis, Tennessee. 

Q. Thank you very much for coming down 
here this afternoon. 

A. You are perfectly welcome. 

Q. We've heard testimony earlier about 
the Invaders and the background and the 
purpose of the organization and all of that 
detail. 

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What I want to do is I want to move 
on with you. Would you tell us what your 
position was in the Invaders around the time 
of 1968? 

A. Around 1968 — first of all, let me 

try to clear something up here as far as the 

name "Invaders" goes. My title was execute 




secretary of the Black Organizing Project, 
which was a project that we had put together 
and made up one of the groups we organized. 

The press actually just gave us the name 
"Invaders" and it kind of stuck. You know, 
it kind of stuck. A lot of people can kind 
of relate to that. 

Generally we were referred to as the 
Invaders about, but actually my title was 
executive secretary. Black Organizing 
Project. 

Q. What was your role in the Black 
Organizing Project and that group in 
particular? 

A. Well, basically training street 
organizers, going on to campuses, trying to 
set up various and different groups, 

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educating, trying to empower black people 
basically, trying to make an impression on 
the structure, the power structure, as it was 




at the time, generally raising the 
consciousness of black people at that time 
period. We were basically facing difficult 
times. 

Q. Consciousness-raising activities? 

A. Absolutely. 

Q. Now, when the march Dr. King led on 
the 28th of March broke up into a riot, did 
you and any of the members of the 
organization meet with Dr. King shortly after 
that? 

A. We did. We met afterward. We had 
made an effort to meet with him before then, 
before the march. There were many 
indications that there was going to be a 
serious problem, but we were unable to reach 
him at the time. 

After the riot occurred, we made an 
effort to meet with him then. We knew he was 
staying at the Rivermont. That was public 
knowledge at the time. So a group of us we 

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met out at John's apartment out in south 
Memphis and we decided that we best go over 
there and try to get a chance to talk to him 
and let him know what the situation was, what 
he had walked into. 

Q. Some of you went along to the 
Rivermont to meet with Dr. King. Would 
that — when would that have been? Would 
have been the day after the riot? 

A. You are going to have to help me here 
with these dates and times here. We're 
talking about a long time ago. As near as I 
can recollect, I think it was probably been 
the next day. 

Q. The riot took place on the 28th of 
March. You would have met with him on the 
29ing of March? 

A. Probably. Probably. 

Q. When you went to the Rivermont to 
meet with Dr. King after this disruption, did 
you notice any security at the Rivermont for 



him that the point? 




A. No. It was nonexistent. It is kind 



of strange you should ask that question, 

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because when we decided to go, that's the 
first thing we thought about, how were we 
going to get past the security, because we 
knew that there would be some. 

So one of the fellows that was with 
us at the time, he said, well, we'll try and 
see if we can't get through the back door. 

We walked through the back door. Lo and 
behold, the back door came straight open, I 
mean, no problem at all. We walked right 
into the door, upstairs to his room, knocked 
on the door, never saw a soul, no one. 

Q. You went directly up to his room? 

A. Directly. 

Q. You knocked on the door? 

A. Yes. 

Q. Was there any security inside the 



room? 




A. No security. 



Q. Who answered the door? 

A. I think Reverend Abernathy answered 
the door. No, wait a minute. Let me get 
this straight. Was it Bernard Shaw that was 
with him at the time. You have to help me 

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here. I think Bernard answered the door 
because I think Dr. King was in the bathroom 
putting on his tie. I think Reverend 
Abernathy was standing in the background. 

I introduced myself, told Mr. Shaw 
my name is Charles Cabbage, I'd like to talk 
to Dr. King, I represent the Invader 
organization. Reverend Abernathy immediately 
said, stop, no, the doctor does not want to 
talk to you all now. 

At this particular time I heard Dr. 

King call out from the bathroom, he said, no, 
let him in because I want to talk to him. So 
we went in the room and sat down and we had a 




nice long talk. 



Q. Basically what was the nature of that 
conversation? 

A. We had brought along some literature, 
discussing, you know — explaining our 
position on certain issues, describing our 
organization, its structure, some of our 
goals and objectives. 

We were really trying to demonstrate 
to him that the rumors that had been spread 

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about us were untrue and unfounded, that we 
were really not out to create any kind of 
disruptive behavior in the City of Memphis, 
that we were really about basically, like I 
said, consciousness-raising, introducing the 
concept of the empowerment of black people at 
the time generally referred to as black 
power. That was almost a criminal offense at 
that particular time. 

We felt there was some work that 




needed to be done. In the process of 
presenting our literature to him, we also 
presented parts of a program that we had put 
together that we wanted to try to establish 
into the community called the Community 
Unification Program. We were seeking funding 
at that particulars time. 

But the conversation never really 
got into the literature itself. They looked 
it over and went immediately to the march and 
what happened. 

Q. How did Dr. King react to this 
conversation that you had with him? 

A. Dr. King was hot hostile. He was 

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positive all the way. His first reaction 
was, and it kind of shocked me in a way, 
because I was expecting him to be hostile and 
I was expecting him to be a bit defensive, 
you know, because the information that he had 
received was that we were opposed to 




everything he stood for, and the first 



, WEATHERFORD 




strategy sessions that were being held at the 
time that was eontrolling the sanitation 
strike and those events. 

Q. There came a time as a result of this 
meeting and other discussions that your 
organization came to agree to work with 
Dr. King in terms of the following march, the 
next march that was planned? 

A. All this was discussed — all this 
came about that day in that meeting, because, 
know, after I had told — I don't want to 
make it sound like I'm giving Dr. King 
advice, but I tried to inform him as best as 
I could of what the situation was, the 
volatility of the situation and some of the 
things that he could do to be able to come 
into Memphis and be able to have a 
non-violent demonstration. 

I let him know that we had been 
organizing around counter-themes for at least 
a year, that a lot of people were aware of 
it, and in order for him to be able to pull a 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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111 

successful non-violent march off here in 
Memphis, that he needs to pull up all the 
way, go back to Atlanta, reorganize, send in 
some workers to begin to teach non-violent 
doctrines and discipline, because in order to 
be able to do and accomplish what they were 
setting out — what they were attempting to 
do would take some serious training. 

Q. When you met with him and were 
agreeing to work together, you took up 
residence in the Lorraine Motel as a means of 
a place for working with him for manning the 
second march. Is that right? 

A. His suggestion was one of the things 
we need to do then was probably try to work 
together. He said, what I will do is we will 
go back and I'll send some people in and 
we're going to put you and maybe some of your 
people on the staff. We agreed immediately, 
you know. 

From that point on we decided when 




they came back, they were contacted. When 
they came back, I don't remember the exact 
time line on this, but we took up in the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Lorraine Motel, we took the two rooms on the 
top floor, the right-hand side of the 
building. 

Q. Do you know how many people were in 
those two rooms? 

A. We just had the two rooms. At that 
time we were young. They just stayed full 
all the time. 

Q. Those rooms were on the balcony 
level, the upper level? 

A. Balcony level, yes. 

Q. The same level on which he was 
assassinated? 

A. Yes. 

Q. Did there come a time when you were 
asked to leave those rooms? 



A. Yes. 




Q. When was that? 

A. This was after the third meeting that 
we had had. Let me try and explain this. 

After the organizers for SCLC had come to 
Memphis, had come back to Memphis after Dr. 

King had left, Reverend Orange, Carl Reader 
(Phonetic) and some of the others at that 

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time, we began to go out into the community 
and have workshops. 

So we began to get to be quite 
friendly. We got along well. So when Dr. 

King came back, we began to meet downstairs 
in the dining room. We had two meetings 
downstairs in the dining room. We had one in 
his room. And in the meeting we were 
discussing how we would be able to pull the 
march off. 

And one of the things that we had 

decided that would be necessary would be that 

the Invaders would be involved in actually 




marshalling the demonstration. I had 
problems with that initially because I didn't 
think I could sell that to the group. So 
when I took this back to our board up on the 
second floor where we were staying, we had 
heated arguments about it, but eventually got 
this over to the entire group and we agreed 
to marshal the parade. This is after the 
second meeting we probably — finally came to 
a decision and we were on board to act as 
marshals. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. You were on board after the second 
meeting? 

A. After the second meeting we were on 
board. 

Q. After the third meeting somehow you 
were told to leave the hotel? 

A. Now, John had to remind me of this. 

After the second meeting after we had come to 
the conclusion that we were all going to work 




together on this, that we had as much at 
stake in it as they did, so, therefore, it 
would be the right thing for us to do, we had 
sort of an impromptu meeting in Dr. King's 
room where we had some final points to work 
out. That meeting lasted maybe about five to 
ten minutes. We go back to the hotel, to our 
rooms, and we discussed it a little bit, and 
we sat around, and here comes a knock on the 
door. 

Q. There was a knock on the door? 

A. Yeah. 

Q. This was on the 4th of April? 

A. Yes. 

Q. On the day of the assassination? 

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A. Yes, sir. 

Q. What time was this knock on the door? 

A. It took us about twenty minutes to 
clear the room. 



Q. So it took you twenty minutes to 




clear the room? 



A. Uh-huh. 

Q. What is the significance of that? 

What time does that make it? 

A. We weren't really keeping no watch or 
time on this. We weren't really watching the 
clock per se. But from some of the things 
that I read from some of the investigations 
that had been carried out since then, I think 
we left out about ten until six or eleven 
until six or something like this. 

Q. You were told to leave? 

A. Yeah. 

Q. Sometime within a half hour, 
thirty-five minutes, of the killing you left? 

A. Uh-huh. 

Q. You left at ten minutes to six, which 
is about eleven minutes before the killing? 

A. See, this is did - 

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Q. Somewhere in there? 




A. I always felt that as we were pulling 
out — it took us a little while to get 
organized to get out of the room. There were 
quite a few of us there. We got out as 
quickly as we could. We weren't ready to 
go. We were there all day for meetings and 
everything. 

There was only one car there, that 
was mine. We threw things in the car, got in 
the car. As soon as we got in the car and 
drove up Mulberry, this is when I heard the 
shot. 

Q. Very shortly after you — 

A. Before I could make it to Main 
Street. 

Q. Why were you asked to leave the motel 
within minutes of the killing? 

A. There is a lot of conjecture on 
that. I do not know. I mean, it is 
illogical. It doesn't make any sense. 
Check-out time is the next day. 

Q. Was your room paid for through that 



evening? 




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A. Yes. I mean, SCLC was taking care of 
the entire bill. 

Q. So they had paid for it through the 
evening? 

A. I don't know what their records 
indicate, but I would assume if they had 
already rented the room, you know, then — 
they don't rent them by the half day. It was 
just a totally illogical move. It didn't 
make any sense. 

Q. Who gave the orders for you to leave 
the motel? 

A. Izzy answered the door. I wouldn't 
have been the one to answer the door. Izzy 
answer the door. Izzy, from my best 
recollection, says that one of the maids had 
come by to clean the room and asked us to 
leave, they said that you all would have to 
leave. 



Next came Reverend Orange and came 




in and explained to us that, hey, man, you 



all will have to leave. Nobody asked why 
because — you know, we had feelings that 
there was something very, very wrong because 

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it was sort of a surreal kind of a day. But 
we had no inkling that he would have been 
assassinated that afternoon. 

Q. He was assassinated within a very few 
minutes of your being told to leave. Did 
anyone ask the maid who gave the instructions 
for you to leave? 

A. Not to my recollection. Not to my 
recollection. Nobody asked her that. I 
asked Orange why we got to leave. 

Q. And what did he say? 

A. My best recollection — I don't know 
how to put this. Jessie said you got to go. 

Q. Jessie? 

A. Yeah. 



Q. Jessie Jackson said you had to go? 




A. Yes. 



Q. Was Jessie Jackson a person who 
worked closely with your organization? 

A. No, no. 

Q. Who were the SCLC people who worked 
closely with you? 

A. Carl Reader and Orange. 

Q. Why would Reverend Jackson be the one 

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to give you instructions for you to leave? 

A. I never questioned that. I assumed 
by him handling the money it was a clear-cut 
decision for him saying — the way it came 
down, we were not paying for the room, Jessie 
was not authorizing payment for the room 
anymore, so you all have to leave. 

Q. They already had paid for the room 
apparently? 

A. This I realize now, but at that 
particular time we never knew how serious 
these minutes and seconds were, you know, to 




a significant historical event. I mean, in 
hindsight we ean see these things, but as 
they oeeurred, you know, who would take time 
to remember anything like that and write it 
down or jot it down. 

Q. So, Charles, I put it to you your 
testimony this afternoon is that you were 
asked to leave late in the day close to the 
time of the killing, you did leave — 

A. Yeah. 

Q. — and then you heard the shot within 
a short time after you left? 

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A. As soon as I pulled off the lot and 
made a right turn, got beside the fire 
station, the shot rang out. We all ducked 
down in the car. Normally we would make a 
right turn to go down to Beale Street and 
turn left to get on the interstate. This 
time when we heard the shot we immediately 
began - 




See, we had a different route from 
leaving the hotel. At night we would take a 
different route because of the police 
surveillance around the hotel at night. So 
we took a left turn, took Calhoun, went 
toward the river, took a back street to 
Florida street, got to Crump, went back over 
to Castle, I think it was, and went over the 
railroad tracks and back alleys and made it 
all the way to south Memphis. 

Q. Did you notice any security, any 
police presence or security, in the motel 
late that afternoon before you left and after 
you left? 

A. Not at any time. 

Q. I'm sorry? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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A. Not at any time. 

Q. You didn't notice any security? 

A. There was none. There was never any 



security, never. 




MR. PEPPER: No further 



questions, Your Honor. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Mr. Cabbage, I have two or three 
questions I would to ask you if you don't 
mind. 

Before this date of April the 4th 

when you were asked to leave the room, did 

you ever learn of any threats against Dr. 

King? Was it common that you heard any 
threats against him? 

A. Yeah. 

Q. Was it a pretty much common 
day-to-day thing? 

A. No, this was a direct knock on my 
front door to my house, which made it even 
more expedient for us to try and get to him 
and let him know. There was a gentleman that 
knocked on my mother's front door. We were 

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122 




sitting in the house. 

He came inside and introduced 
himself. He was from South Africa. He came 
in and sat down, sirens wailing, fires going 
off all over the city, curfew on. 

This man came into our house, sat 
down and talked to me and told me, said, 
Charles, I'm going to tell you something, 
they are going to kill Dr. King in Memphis. 

I done about passed out. 

Q. Is that the day before the 
assassination? 

A. I can't recall that date. I really 
can't. 

Q. Was it the general feeling of the 
Invaders that it was unsafe for Dr. King to 
come here to Memphis? 

A. Absolutely. 

Q. You didn't want him to come here? 

A. No, we did not. 

Q. Is that because it was not safe to 
come? 

A. It was unsafe, and we knew that 




because of the position that we had taken 

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politically that if anything went wrong, that 
we would be the one to blame for it. 

Q. They would blame it on your group? 

A. Absolutely. 

Q. Did you recall a gentleman in your 
group named Merrell McCullough? 

A. Yes, I do. 

Q. What part did he play with your 
group? 

A. Merrell first came into the 
organization because of the activities that 
we were conducting out at Memphis State. We 
were organizing the Black Students 
Association out there. Merrell I think was 
attending classes out there. I think John B. 

Reddin told him. 

He was interested and wanted to 
learn more about the condition of black 



people in this condition, so John brought him 




to the apartment where we were generally 
holding these meetings, which were generally 
open to anybody who wanted to attend, they 
could come. And Merrell came. 

Q. The day that you were organizing in 

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the room before the assassination, 

Mr. Cabbage, was Merrell McCullough there, 
was he one of the ones? 

A. No, he was not there. He was with 
Reverend Orange. 

Q. Do you know where Merrell McCullough 
was when you left the room that day? 

A. He and Reverend Orange gone out 
shopping or something like this. We knew 
that he was the police, but what can you do 
about this. You know you are going to be 
infiltrated. We made him minister of 
transportation. He had a car. We gave him 
something to do. 



Then when we made the alliance with 




SCLC and began to work with SCLC, he came 
along with the group. So now he is moving 
driving people around, some of the SCLC staff 
people around. It is just of the one of the 
quirks the way things happened. He ended up 
driving the SCLC staff around. We did not 
know he was as highly connected as he was. 

Q. Let me ask you this: You said you 
were ordered to leave sometime late that 

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afternoon before six o'clock? 

A. Yes, sir. 

Q. Did you see Reverend Jackson at the 
motel before you left? 

A. Yes, he was at the meeting. 

Q. Eate that afternoon? 

A. We met during the day. If you want 
to go into the event, we can talk about the 
meeting, but he was there at the hotel that 
day. As a matter of fact, he was the last 
person we saw as we left the meeting. He was 




standing down by the pool. 

Q. He was down on the parking level, 
lower level? 

A. Uh-huh. 

Q. And did you see Dr. King talking to 
reverend Jessie Jackson? 

A. Not at that time, no. 

Q. Mr. Cabbage, let me ask you this: 

You were in the room facing the street over 
across from the rooming house across there, 
weren't you? 

A. We were right by where the pool used 
to be. 

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Q. Did you ever look over there and see 
in the brushy area where it was raised up off 
the street with a concrete barrier, I think 
it is, and a lot of trees, did you ever see 
anyone in there moving around in the bushes 
that you could tell? 



A. No. I never really paid any 




attention to it. We were eonstantly moving 



, WEATHERFORD 




God, how far is this going to go, because we 
were aware that the assassination plot was on 
because of the fellow that had come to my 
house. So what I did was I got out of the 
car and turned the car over to some of the 
other people in our organization, sent it 
back down to the hotel to see in the event 
anybody else would be targeted, if we could 
be of any assistance security-wise. We 
weren't trained professionals or anything 
like that. Anybody in a situation like that 
would try to help. 

MR. GARRISON: That's all I 
have. Thank you, sir. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Mr. Cabbage, do you know who the man 
was who came into your home and told you that 
Dr. King was going to be assassinated? 

A. He introduced himself as John Eaue. 

Q. I'm sorry? 

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A. He introduced himself as John Lane. 

Q. John Lane? 

A. Yes. 

Q. How do you spell his last name? 

A. I didn't ask for a spelling, but 
there was another John Lane present at the 
hotel who spelled his name L O U E, I think, 
but, you know, this man was an entirely 
different — a totally different description. 

Q. Was there man black or white? 

A. He was Middle Eastern, long brown 
hair. I'd remember him again if I saw him. 

I never saw him again. 

Q. Did you know him previously? 

A. No. Never seen him before in my 
life. 

Q. Never seen him before in your life? 

A. No. 

Q. Could his name have been spelled 
EAUE? 

A. Something like that. I may have the 
spelling wrong. I didn't ask him how to 




spell his name is what I'm trying to say. I 
do remember him saying that his name was John 

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Lane. I do remember that. 

Q. Did you ask him how he knew there was 
going to be an assassination? 

A. He just said he knew. 

Q. He just said he knew? 

A. Yeah. 

Q. You didn't ask him how he knew? 

A. No. 

Q. Do you know where he was employed? 

A. He said he was a photographer a 
freelance photographer, a journalist. 

Q. Ereelance photographer? 

A. Ereelance photographer journalist 
from South Africa. 

Q. Was his first name John or Joseph? 

A. I'm saying that he said he introduced 
himself as John Laue. 



Q. Charles, was it routine practice for 




some of the Invaders to carry weapons? 



A. Yes, sir. 

Q. And why would they carry weapons? 

A. Basically for protection. 

Q. Protection against whom? 

A. Well, it was a hostile environment we 

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were working in. We had numerous 
confrontations with the police. There were 
armed bands of white citizens who rode around 
in the community with high-powered rifles in 
their car. Some of us had been shot at 
before. It was basically for self-defense. 

Q. When you saw Reverend Jackson 
standing down at the swimming pool, was he 
doing anything? 

A. Well, he said — he had his arms 

folded and checking the time seeing how long 

it would take us to get out of the hotel. 

Q. He was looking at his watch? 



A. He was checking it. 




Q. Lastly, did you have the occasion as 
a result of your suspicion of a white person 
who wanted to associate with the Invaders to 
go through some personal documents of that 
person? 

A. That was an incident that occurred. 

This was a year prior to. A gentleman with 
military intelligence — we used to hang out 
at a place called the Log Cabin. This is 
where we used to meet on South Parkway. This 

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guy come stumbling in drunk, strange in the 
first place, because he had to be nuts being 
there in south Memphis at this particular 
time anyway. 

He comes into our meeting room. He 

was immediately stopped, frisked and robbed. 

In the process of being robbed, somebody took 
his wallet. In going through the wallet, we 
found a military intelligence ID and three 



dollars. 




Q. And three dollars? 

A. Three dollars. 

Q. You found an identification card with 
military intelligence officer? 

A. Yes, I did. 

Q. This was about a year before the 
killing? 

A. Uh-huh. 

Q. This would be then in 1967? 

A. 1967, yes. Yes, sir. 

MR. PEPPER: No further 
questions. 

THE COURT: All right. You may 
stand down, sir. Thank you. 

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(Witness excused.) 

JOHN McEERREN 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 



BY MR. PEPPER: 




THE COURT: Sit back and relax. 

THE WITNESS: Yes, sir. 

THE COURT: Thank you. 

Q. (BY MR. PEPPER) Good afternoon Mr. 

McEerren. 

A. Glad to be here. 

Q. Thank you for coming. Would you 
state your full name and address for the 
record, please. 

A. My full name is John McEerren, 
spelled JOHN, capital M C E ER R E N, 

McEerren. 

Q. And your address, Mr. McEerren? 

A. 7615 Highway 195, Somerville, spelled 
S O M E R V I E E E, zip code is 38068. 

Q. Thank you. John, would you just tell 
the Court, please, and the jury a bit of your 
background, how you come to be where you are 

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today. 



A. Eirst of all. I'd like to say my 




granddaddy was brought here five years before 
the Civil War in chains. He was a slave. 

And lesser than a mile and a half from the 
store, the record will show in 1867 he gave 
seven dollars and a half for four hundred 
acres of land. We have some of that in the 
family yet. 

Q. John, did there come a time in 1959 
or 1960 that you became involved in civil 
rights activity, voter registration activity, 
in Fayette County and the area of Somerville? 
A. Well, I'd like to please the Court to 
go back a little bit further than that how I 
got deeply involved. I met Gerald Estes in 
Camp Ellis, Illinois, and later I met him 
again in 1957. In 1957 he was a young 
practicing attorney. He came to Somerville 
to defend Burton Dotson. 

Q. John, what opposition did you meet 
when you started, though, moving — I'm 
moving forward — when you started the voter 
registration project in Eayette County? 



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134 

A. According to the way I got the 
records together, before 1960 there was no 
negroes registered to vote in that county. 

In 1957 me and Mr. Estes and the others got 
together. He was the legal counsel. We 
formed a league called the Fayette County 
Civic & Welfare League to set out to get 
negroes registered to vote. 

At that time the negroes didn't have 
no chance, and the law, they would pick them 
up, sentence them, and put them out on the 
road, and a negro didn't have no chance. The 
only way we could figure out to change that 
landscape was through the ballot box. 

Q. What did you do? 

A. We formed this group. It was the 
first — around about April or May in 1959 to 
get the negroes registered to vote. We got a 
small majority of negroes registered, and we 
had a local sheriff election. The local man 
that we was supporting was named L. T. 




Redbanks. He run for sheriff against the 
local sheriff. The Democrat party refused to 
let us vote. 

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That's how it got started. That's 
how it got started. When they refused to let 
us vote, on August the 12th, 1959, Gerald 
Estes filed a suit against the Democratic 
party asking for us to have the right to cast 
our ballot. 

Q. What happened as a result of that 
action? 

A. Well, that was in 1959. In I960, the 
early part of 1960, we was still pushing to 
get negroes registered to vote, and the local 
editor of the Eayette Ealcon was named 
Coaster. The wavy understand it, the 
Commercial Appeal man name here was named 
Coaster. They was kinfolks. 

When we got it going, he put an ad 
in the Eayette Ealcon and the Commercial 




Appeal that they was going to make a thousand 
negroes move off the land in 1960, that 
winter. 

During that time in 1960, if you 
registered, you had to move. The leaders of 
the movement, the citizen council and the 
Kin Klux Klan, they had a list that later 

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that we got ahold to it through by borrowing 
it from the Klu Klux Klan's secretary. Ebony 
magazine published the list. We got ahold of 
it, forwarded it - we got a photostatic copy 
of it, and the made carried it back and put 
it in the safe and they never knew how we got 
the list. 

The list in this Ebony magazine had 
all — had A's behind it, that you couldn't 
buy nothing nowhere. I was the leader of the 
group, and they run me out of every wholesale 
house in Memphis. 

Q. Now, this was an embargo list, this 




was a list of people who no wholesale house 
should sell any products of any sort. Is 
that what you are saying? 

A. Wouldn't sell them for money at no 
price. 

Q. Moving on now, John, what kind of 
business were you in, what kind of business 
did you take over? 

A. Well, my brother, he had the store. 

And he had an education and always followed 
saw mills and such. He said. I'm going to 

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move. I'm just going to leave. He thought he 
was the one that was behind the movement all 
the time, and I was the one who was 
spearheading the movement with the people. 

He moved to Memphis and left them 
out there. When he moved to Memphis, then 
Gulf Oil Company, they jumped in the 
squeeze. In I960 no oil company would sell 
no black farmers no gasoline, no oil and no 




seed in 1960. 



It was a liberal at Eades named Ben 
Roafer. He told all the farmers to come down 
there to him and he'd sell them what they 
want. He had more business than he could 
look at. 

During that time I made friends with 
the underworld. What I mean by the 
underworld, they run me out of every 
wholesale house in Memphis but Malone & 

Hyde. The bread companies wouldn't sell 
nothing to me. There was a young bread man 
who said, tell you what you do, you meet me 
out there on Summer Avenue and I'll sell you 
off the bread off the truck. 

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I would come to Memphis and meet him 
on Summer Avenue in Memphis in a 1955 Lord 
car. That's what I had. I would come to 
Memphis and meet him on Summer Avenue and get 
bread. They Klan would get after me every 




night or two. 

I had — which I'm a top mechanic 
myself on the old models. To make a car run 
fast and turn curves faster, if you noticed, 
a 1955 Ford has got a solid frame in the 
front. We took the torch and cut two inches 
out of the frame in the front. That brought 
the front wheels in and let the back wheels 
be wider, and we had chains on — see, a 1955 
Ford has got straight springs behind it. 

That let the car wheels up when it would go 
around a sharp curve, it would slide around. 

At that time, which I could see a 
nail in the highway now, at that time my 
vision was better and I could drive just like 
I was standing still, and when they'd get 
after me. I'd cut over in them back roads, 
and them new cars couldn't turn good like 
me. At that time wasn't no two-way radios in 

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cars. During that time we had Tent City 




going. 



Q. John, let me stop you there. Would 
you just tell the Court and the jury what 
Tent City was? 

A. Tent City, we went to Washington, and 
me and my attorney, Carrie Porter Boyd and 
one other guy. At that time this was under 
the Eisenhower Administration, and they filed 
an injunction against the landowners from 
stop making the tenant farmers move. And 
this was under the Eisenhower 
Administration. 

That was in 1961. President Kennedy 

got elected in 1961 in November, and he took 

office in 1962. 

Q. Well, John, let's back up a minute. 

It is a historical fact that John Kennedy was 
elected in 1960, took office January 20th of 
1 96 1 . So it is a year back. 

A. A year back. I'm just — 

Q. That's okay. Continue. 

A. And during that time that I was 
leading my folks and all this was — we'd 




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have meetings to discuss it, and I decided 
the only way to be successful in political 
ranks would be independent from the citizen's 
council and the Klu Klux Klan. 

What I mean by being independent, 
stay out of the Klan's pocketbook. When you 
borrow money from the Klan, he squeeze up on 
you in a minute. 

Q. John, what kind of business do you 
run today? 

A. I run a grocery store and oil 
company. 

Q. How long have you run that business? 

A. I've been running that business since 
1960. 

Q. That's when you took it over from 
your brother? 

A. That's when I took it over from my 
brother. But now let me run back back just a 



second. Shaw, a fellow named Shaw, bought it 




from my brother first. He stayed in it about 



a month and a half. Because of me going into 
the business after then — there was an 
eighty-three year old man named John Lewis. 

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He said, John, he says, they will starve us 
to death, we need somebody in that business 
who knows how to do and feed us. 

At that time a test was going. If 
you get Jet magazine, you can see some of the 
people were so poor, they were starving. Of 
course, you take most of the people at that 
time, they had never been nowhere or no-how 
to maneuver out of oppression. 

The Jet magazine published some 
pictures how poor the folks were at that 
time. 

Q. In Eayette County? 

A. In Eayette County. 

Q. Eet's move on. You have run this 



business all these years? 




A. That's correct. 



Q. How many days a week is your business 
open? 

A. The onliest time — at that time the 
business was - we were running seven days a 
week. I had a family. But after I lost — 
the Klan tore my family up. I only shuts it 
up when I go to pick up merchandise. 

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Q. Now, where do you buy your 
merchandise? 

A. All over Memphis. 

Q. Where have you always bought your 
merchandise? 

A. Well, I bought all over Memphis. I'd 
buy from Erank Liberto's Produce, I'd buy 
from the meat houses, Morrell Meat Company, 

Eineberg Meat Company. I know every one in 
Memphis. 

Q. You sell produce and meats as well? 



A. That's correct. 




Q. And you sell fuel oil and gasoline? 

A. That's correct. 

Q. In 1968 where did you buy your 
produce? 

A. From on market street. 

Q. Was there a market there? 

A. There was a market there when I first 
started coming there. 

Q. What did you buy at this market? 

A. I'd buy — on that street, the street 
runs north and south, and on that street, the 
banana house, the tomato house, and Frank 

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Liberto sold most of the produce and 
sometimes bananas. 

Q. So you bought produce from a 
warehouse run by — 

A. Erank Liberto. 

Q. — a man framed Erank Liberto. In 
1996? 



A. That's correct. I did before then. 




See, I knew him way before then. Around 
about 1960, 1960 or 1961, 1 got to know him 
real well. 

Q. How many years had you been buying 
produce from Mr. Liberto? 

A. Since 1906 or 1961. 

Q. Since 1960 or 1961 he ran that 
warehouse? 

A. He was there then, but I didn't know 
his name. When I first started going there, 

I didn't know his name like I did later. 

Q. What day of the week — do you recall 
what day of the week did you go to pick up 
your produce in the year 1968? 

A. It was on a Thursday, around 
five-fifteen. 

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Q. So you would — why would you go 
there around five-fifteen every Thursday? 

A. Well, you've got to understand how I 



made the runs. I first started with Malone & 




Hyde on south - Malone & Hyde was on South 
Parkway. 

Q. Right. 

A. I'd make that run, the dry grocery 

run. Then I would come on up and I'd have it 

to put my meat on ice and produce on ice. 

I'd make them's two places my last pick-ups. 

Q. So Liberto's warehouse was your last 
pickup? 

A. Was the last pickup. 

Q. You would get there around 
five-fifteen? 

A. I got there that day at five-fifteen 
exactly. 

Q. We're coming to that day. April 4th 
was a Thursday, the day Martin Luther King 
was assassinated was a Thursday. 

A. That's correct. 

Q. Did you go to Frank Liberto's place 
that day? 

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A. I went there that day. 

Q. You arrived there at what time? 

A. Around five-fifteen. Now — 

Q. Would you describe what the layout of 
the place was and what you did when you 
arrived at that warehouse? 

A. That warehouse faced east and west, 
but you enter in the gate on the south side, 
and when I drove around to the north side and 
come up about fifteen feet of the door, I 
stopped my truck. At that time I had a 
three-quarter ton pickup truck with a canvass 
on it, a cloth canvass over it. 

Q. Okay. 

A. When I drove up to the — when I 
stopped the pickup truck out in front of the 
door, this door is on the north side, and 
there is a big door that could you rollback 
and back a truck up in. 

Coming in from the north side on the 
right side there is a little small office, 
and when I got within ten to fifteen feet of 
this office, why. Latch was standing up. 




Q. Who was Mr. Latch? 

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A. Mr. Eatch had a scar around his neck 
like this. 

Q. What was his relationship to 
Mr. Eiberto? 

A. He was a handyman. I never did know, 
because I was always scared of Mr. Eatch. 

You see, if you looked at him, he had a scar 
from right here to right there, and he would 
always be mean, but Mr. Eiberto was always 
friendly. I wouldn't fool with Mr. Eatch. I 
would stay away from him if I could. 

Q. So you walked in that afternoon, into 
the entrance and the office. You said you 
were how far from the office? 

A. Ten to fifteen feet. 

Q. Ten to fifteen feet from the office? 

A. That's correct. 

Q. Then what happened next? 

A. The phone rang. When the phone rang. 




Latch picked it up. When Latch picked it up, 

Latch said, that's him again. He give it to 
Mr. Liberto. Mr. Liberto said, shoot the — 

Q. You can just say what he said. 

A. Shoot the son-of-a-bitch on the 

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balcony. Well, at that time they didn't have 
noticed me. I was just standing up a little 
closer to them just looking. 

I was a cash-paying customer. He 
would always tell me, you go get what you 
want and come by the office and pay for it. 

If the warehouse hadn't been changed, the 
doors, you have a line formed going in there. 

Q. Eet's go back over what you saw. You 
heard Mr. Eiberto talking on the telephone? 

A. Telephone. 

Q. Around what time of the day was this? 

A. I'd say that was around five — ten 
minutes after, five-fifteen, around five 



twenty-five, not quite five-thirty. 




Q. Five twenty-five to five-thirty you 
heard him talking on the telephone? 

A. Telephone. 

Q. He received a phone call. What did 
you hear him say once again? 

A. Shoot the son-of-a-bitch on the 
balcony. 

Q. Shoot the son-of-a-bitch on the 
balcony. Then what happened after that? 

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A. Then he looked around and seen me. 

Then they said, go on and get your 
merchandise. 

The locker is made with two doors, 
you open one door, then you walks in and open 
another door. I went on in and got my 
merchandise, come on back out. Then when I 
was coming back out, the phone rang again. 

Latch picked it up and give it to 

Mr. Liberto. And Mr. Liberto told him to go 

to his brother in New Orleans and get his 




$5,000. 



Mr. Liberto wrote me a tieket. I 

never would buy nothing from nowhere without 

a bill. He give me a bill. I took the bill, 

put my merehandise in the truck, then I went 

on the back side of the company out on that 

street and I come around to hit Summer Avenue 

and hit old 64 home. 

When I got home, my wife called and 
says, do you know Dr. King done got killed? 

I says, I know it. It all come back to me in 
my mind what I had heard. That's what I told 
her, I know it. 

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Q. John, did you tell this story at that 
time to anyone? 

A. I didn't tell it to no one until it 
got to worrying me, I wondered what they know 
I heard. You know, when you gets kind of 
itchy — that was on a Thursday. So on a 
Eriday or Saturday, no later than Saturday 




morning, Mr. Baxton Bryant, who was a Baptist 
white minister that I know in Nashville, I 
called him and told him what I had heard. 

So that Sunday evening he said, 

John, I'm in church now. Says, I'll be there 
about four o'clock tomorrow evening. When he 
came down about four o'clock that Sunday 
evening, we talked it over, and in meantime 
he had contacted Mr. Lucius Burch's 
son-in-law to meet me and him with the FBI 
down here in Memphis. 

Q. And did you have a meeting with the 
FBI and any local law enforcement people in 
Memphis on that Sunday? 

A. Well, that night, that Sunday night, 
we met with the FBI. Now, I didn't know 
whether or not that they was local police or 

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somebody else. But the only somebody I know 
was the EBI — one was a tall and one was a 



lower. 




Q. Did you tell them this story, these 
details? 

A. I gave them the same details. They 
questioned me two or three hours over the 
same thing, the same thing. They questioned 
me two or three hours over the same thing. 

Q. Did you give these details to them on 
any other oceasion? 

A. That Monday, two little young FBI 
eome out to the store and stayed there half a 
day questioning me the same thing. So that 
Tuesday Robert Powell from New Orleans eome 
there, whieh he used to run a store out there 
on 64 highway, and I wasn't at the store when 
he came, he — the lady where I hide was 
named Ms. Ida Mae. The record will show that 
in my deposition with the FBI. She told them 
that I was at the house. So Robert — I 
stayed about an hour and a quarter from the 
store. 

Robert Powell drove on out there to 

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the house, and when he come out this to the 
house — I knowed him — I never did have no 
dealings with him, but I knowed him, and he 
come out there to see me, and he talked with 
me, and at that time he had a big Gulf 
station in New Orleans tied up with the 
Mafias, I know it. 

I wouldn't say much to him, but the 
onliest questions he asked me was how to get 
to my house from the back roads. It jumped 
curious in my mind that all this done 
happened and he wanted to know how to come to 
my house through the back roads. 

Q. John, you told this story. What 
happened as a result of your giving this 
information to the officials? 

A. Well, in the meantime, Hal Flannery, 
which I've got his phone in my pocket right 
now, he was in the Justice Department. Of 
course, he had been working with us on the 
landowners' case. 



I called him that Tuesday and told 




him about Robert Powell had been there and I 
was seared of him. See, when you buy from 

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groups, you begin to know who is who. 

Q. Who has happened as a result of the 
information that you gave the offieials? Has 
anything happened in suceeeding years? 

A. Eirst of all. Dean Milk Company run 
my mama down, eaught her on the road, run 
over the tmek. After then they hired Marion 
Yaney and Rue Grady hired the Andersons to 
beat me up, beat me to death. And they give 
a 1961 Pontiae and three hundred fifty 
dollars to beat me to death. 

They got out at the eourthouse and 
run me in Ms. Pair Theater's yard. That's 
the person who owns the theaters in 
Somerville now. They still own it. When we 
was fighting in the yard, she eome out there 
with her gun, said, if you all don't quit 



beating him. I'm going to kill you. 




Q. John, were you put in the hospital as 



a result of that? 

A. Well, I come to my family doctor — 
and I'd rather not discuss his name, because 
something else I'm going to bring out, I 
don't want any reprisals against him — I 

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come to my family doctor, and by my 
grandparents on my daddy's side come up in 
slavery, I learned a lot about nerve 
doctors. 

When you take mullet and boil it 
down, which mullet has got a little stickers 
on, it looks like a catfish, you can boil it 
down and take Vaseline and make a salve and 
take iodine salt and lay in it and draw a 
sweat out. That's what I did. I come to the 
doctor. They examined me and said I didn't 
have no — I didn't break no bones. 

Q. John, I want to move along because of 



the time constraints we have. 




A. I understand. 



Q. Were you ever asked to go to 
Washington and testify before the House 
Select Committee on Assassinations and tell 
what you have told us here today? 

A. Let me bring one other point up. 

Q. John, no, stay, please, with me and 
answer this question. 

A. All right. Gene Johnson came down 
investigating for the Select Committee. Me 

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and him went over all the records. I 
discussed what I know, what I knew with him. 

And when the time come for me to if 
to Washington to testify before the Select 
Committee, he come out there with the papers 
for me to sign, and when he come out there 
with the papers for me to sign, I noticed 
that he had gotten a little hostile towards 
me. 



Somebody had got, in my opinion, to 




him and changed his attitude. That's my 
thinking. I signed the papers and got 
everything ready. I says, John — he says, 

John, he says. I'll call you before you come 
up and testify before the Select Committee. 

And the Select Committee was going on. 

Two to three days before I was 
supposed to go, he called me up and said, 

John, we don't need you. 

Q. So the answer to the question is that 
at the end of the day, you were not called to 
testify before the Congressional committee? 

A. I was not called. 

Q. That's what you heard. 

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MR. PEPPER: No further 
questions. 

THE COURT: Let's take about 
fifteen minutes. 

(Jury out.) 



(Short recess.) 




(Jury in.) 

THE COURT: All right. 

Mr. Garrison. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Mr. McEerren, you and I have talked 
before about all of the things that you 
know. 

You knew Mr. Liberto quite a long 
time, did you, Erank Liberto, over a period 
of years? 

A. I know him from 1960 up until 1996, 1 
was in his business once or twice a week. 

Q. Okay. After the assassination of Dr. 

King, did you ever see him anymore after 
that? 

A. I never did see him personally after 
that. 

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Q. Okay. And during the time that you 



were around Mr. Liberto, Mr. McEerren, did 




you ever hear him mention the name of Loyd 
lowers, ever hear him ever mention that name 
to you? 

A. Not to me. 

Q. All right. Let me ask you this, 
sir: After you saw Mr. Liberto when you 
would go for your produce to buy it - am I 
correct, sir? 

A. That's correct. Ninety percent of 
the time he would be there, but sometimes 
Latch would be there. 

Q. All right, sir. You've lived in 
Somerville many, many years, in the town of 
Somerville, am I correct, sir? 

A. I've been there all my life. The 

only time I've been away is when I was in the 

Army. 

Q. Do you know Mr. Liberto visited 
Somerville — are you aware that he visited 
Somerville on occasion? 

A. He would — I wouldn't say every 
Saturday morning, but he would visit John 



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157 

Wilder's office, which is on the east side of 
the courthouse. Now, let me explain this to 
you so you'll understand. When the 
assassination committee of Dr. King was going 
on in Washington, getting ready to go on, he 
went to visiting John Wilder's office 
regular. 

Now, the way I got ahold of it, I 
had some of our underground watching. Two to 
three weeks before James Earl Ray broke pen 
out of Brushy Mountain, I called Washington 
and told the Select Committee that they was 
going to kill James Earl Ray or something was 
going to happen to him. 

I talked to Mr. Gene Johnson, which 
I've got his phone numbers. I've got 
Mr. Elanders' phone numbers in my pocket now. 
I've got Mr. Dole's phone numbers in my 
pocket now. I was in correspondence with all 
of them. 

The Justice Department, what I said 




before, the Justice Department covered it 
up. When I said they covered up the 
barnyard, I mean they covered it up. Now, if 

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you look at the records, the assistant to the 
United States Attorney General at that time 
was — it was under the Nixon 
administration. He had a heavy voice. I 
talked to him one time. I says, I know Dr. 

King's killings, who is in it, they trying to 
set me up to get me killed. Mitchell, that 
was his name. If you ever talked to him on 
the phone, he has got a gross voice like a 
bullfrog. 

Q. All right. Let me ask you this, 

Mr. McEerren: Since all this started and you 
started the civil rights movement, have you 
ever been shot? 

A. I've been shot. I've been beat up 
twice. The citizen council and the Klu Klux 



Klan hired a man named Benefield, gave him 




eighteen hundred dollars to kill me. He got 
chicken and didn't kill me. 

He sent word to me by Reverend Frank 
Jones. He came to my brother's house. He 
didn't even know which one of the houses I 
stayed in. Myself, Reverend Frank Jones and 
Mr. Benefield come down here on Vance. Our 

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lawyer's office was at 860 Vance Avenue. 

That's Gerald Estes office on Vance. 

He filed — he made an affidavit 
with the law and sent it to the Justice 
Department that he was hired to kill me. It 
hit on a dead ear. Nothing come about it. 

MR. GARRISON: I appreciate it. 

Thank you, sir. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Is it true that almost thirty-one 
years ago you told the same story that you 
have told to this jury and this Court this 




afternoon? 



A. That's correct. 

Q. And is that story true to the best of 
your recollection and knowledge today as it 
was then? 

A. That's correct. 

Q. And have you ever had an opportunity 
to tell this story before in a court of law? 

A. This is the first time. 

MR. PEPPER: John, thank you 
very much. No further questions. 

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THE COURT: All right. You may 

stand down, sir. You can remain in the court 

room or you are free to leave. 

THE WITNESS: Thank you. 

(Witness excused.) 

JAMES NATHAN WHITEOCK 
Having been first duly sworn, was examined 
and testified as follows: 



DIRECT EXAMINATION 




BY MR. PEPPER: 



Q. Would you state for the reeord, 
please, your name and address. 

A. My name is James Nathan Whitloek. I 
don't want to give you my address to where 
everybody can hear. 

Q. That's all right. We will pass on 
that. 

A. Okay. 

Q. Have you been a long-term resident of 
Memphis? 

A. Yes, sir. 

Q. And, Mr. Whitlock, what do you do for 
a living? 

A. I'm a taxi driver, professional 

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musician. 

Q. And how long have you been a 
professional musician? 

A. Eor twenty-five years. Twenty-five 



years. 




Q. What instrument do you play? 

A. I'm a guitar player 
singer/song- writer. 

Q. Have you played in areas other than 
Memphis and Tennessee? 

A. Yes, sir. I've played in Las Vegas, 

Canada, California, the Bahamas, from one 
point all the way — just everywhere. 

Q. So you've traveled a good deal? 

A. Yes, sir. 

Q. Have you in the course of the time 
you've been in Memphis, though, have you 
received any commendations or any awards as a 
result of civic activity? 

A. Yes, sir, I have. 

Q. Would you tell the Court and the jury 
what those have been? 

A. I received Tennessee's outstanding 
achievement award from Governor McWhorter. I 

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received the concern an Aide De Camp Award 




from the other governor, the heavy-set guy. 

I can't remember what his name is. I 
received a commendation from the city from 
Mayor Herenton, stuff from the senator, 
letters from — accommodating (sic) letters 
from Vice-president Gore, another letter from 
Jim Sasser, U.S. senator. 

Q. Did any of these have to do with 
saving an individual's life, one or other 
persons' lives? 

A. Yes, sir, they sure did. 

Q. What were those occasions, those 
incidents? 

A. The first one was pertaining to a 
passenger when I was driving a taxicab who 
caught a cab up to the Sterick Building 
downtown here and decided he was going to 
jump off the roof and commit suicide. 

A police officer — I had radioed 
for the police to come. It was on top of the 
parking garage. The police officer came, and 
there was a tussle involved, and they both 
fell off the building and I climbed down the 




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end of the building and pulled them both in. 

That is the first time something like that — 

I received some accommodation. 

Then one of my neighbors was in a 
fight and got his throat cut down the street 
from where I lived, and I kept him from 
bleeding to death. I captured his assailant, 
too. So that was some more involved with 
that. 

Q. You've been in the right place at the 
right time, or depending on how you look at 
it, maybe the wrong place at the wrong time. 

Did you in the course of your time here in 
Memphis in your younger years back in the 
1960's come to know a man named Erank 
Liberto? 

A. Not in the 1960's, no, sir. 

Q. When did you come to know 
Mr. Liberto? 



A. In the late 1970's, approximately 




1978, 1979 and 1980. 



Q. So you knew him at the end of the 
1970's, that's when you came to know him? 

A. That's right, yes, sir. 

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164 

Q. Would you describe to the Court and 
the jury how you come to know him, what the 
circumstances of your relationship were? 

A. Mr. Erank and myself were friends. 

He would come to my mother's restaurant on a 
daily basis early in the morning and late in 
the evening he'd come back. I spent most of 
my time with him in the evening time. 

Occasionally he would come there at 
lunchtime. 

We had a restaurant, an Italian 
restaurant, a pizza restaurant, and he would 
come and eat breakfast with my mother and 
spend the rest the day with me occasionally. 

Q. Was the restaurant located somewhere 



between his work and his home? 




A. Yes, sir, it was. It was located 



approximately — Mr. Frank's — the Scott 
Street Market was about a mile from my 
restaurant. The way I understand it, he 
lived off of Graham somewhere, and we were 
kind of in between. 

Q. He had a produce house at the 
warehouse at the Scott Street Market? 

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A. That's what I understand, yes, sir, 
tomato house. 

Q. Right. When he — when you came to 
know him, he would stop at the cafe, at your 
mother's restaurant, and what would you talk 
about? What was there between the two of you 
that developed, this relationship? 

A. Well, at the time I'd been performing 
in Las Vegas, and Mr. Erank, he would come in 
and drink beer a lot. I knew how to play a 
song, an Italian song, on the guitar called 
Malaguena. I used to play him this song. He 




used to like what I would play him and he 
would tip me money. 

Then it got to where Mr. Frank 
was — I had a little small three-piece 
combo, and he would book — he would give me 
jobs, such as that, performing. He liked for 
me to play music. He would talk about the 
old times and where he came from. 

He would talk about my relationship 
with my mother. I reminded himself of — 
myself of him when he was young, how I 
treated my mother and how we lived. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Q. When he talked to you about the old 
times or his earlier years, did he tell you 
where he lived or — what experiences did he 
describe? 

A. He called it the old country. I 
remember playing him that song, he used to 
lay his head back and would say, yeah, it is 
just like I was in the old country, that's 




the way they would play it, I like that 
song. 

That's the only mention of his 
origin he ever — where he came from he ever 
made to me directly that wasn't pertaining to 
the United States. 

Q. Pertaining to the United States, did 
he ever discuss any experiences or life when 
in the City of New Orleans? 

A. Yes, sir. 

Q. What did he tell you about his life 
there? 

A. Well, I asked him some stuff that led 
up to him telling me that he had come from 
New Orleans, but I had heard that he was in 
the Mafia. And I asked him if he was in the 

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Mafia. And he didn't say yes or no. He 
answered me by saying, I pushed a vegetable 
cart in the Erench Quarter with Carlo 



Marcello when I was a boy. 




I didn't know what that meant. I 



let that go. It went over my head. Years 
later I saw the movie the assassination of 
RFK or JFK with Oliver Stone, and Mr. Frank, 
he talked Italian, and he said, I push a 
vegetable cart with Carlo Marcello when I was 
a boy. Carlo Marcello, I didn't know what 
that meant. Then I saw that movie, and it 
said Carlos Marcello, the kingpin of the 
Mafia from New Orleans. I said, that's 
Carlo, that's not Carlos, that's Carlo. 

That's what threw the two together. 

Q. So he confided or told you about his 
earlier life experience with Carlos Marcello, 
the New Orleans Mafia boss? 

A. That's correct. 

Q. But did you when you first met him 
and you heard he was associated with the 
Mafia, did you know what the Mafia was at 
that point? 

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168 




A. No, sir. I asked Mr. Frank what it 
was. 

Q. What did he say? 

A. I asked him, I said, what is the 
Mafia? Is it a bunch of bad guys that sit 
around and table and scheme up something mean 
to do? He said, no, it is a bunch of 
businessmen that take care of business. 

Q. Now, did there come a time, 

Mr. Whitlock, when you heard about a 
conversation that Mr. Liberto had with your 
mother? 

A. Yes, sir. Pertaining to Martin 
Luther King? 

Q. Yes, sir. Pertaining to Martin 
Luther King. 

A. Yes, sir. 

Q. And did that conversation on the day 
of the assassination of Martin Luther King 
that he had with your mother, did that upset 
you in some way? 

A. Yes, it did, in a way it did. 

Because that he would talk to my mother 




directly about gangsterism, that is what I 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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169 

was predominantly upset about. It wasn't the 
subject matter of what it was about, it was 
the fact that he would think that he could, 
you know, go to that level to talk to her 
about that. That's what upset me more than 
anything. 

Q. When you heard about this, what did 
you do? 

A. I went directly to Mr. Erank about it 
when he showed up at the pizza parlor and 
just asked him, I said, hey, Mr. Erank, did 
you kill Martin Luther King? 

Q. Because what had you heard that he 
had said to your mother? 

A. He told mama that he had killed 
Martin Luther King — had Martin Luther King 
killed. I didn't like him talking that to my 
mother. I thought he was out of line for 
coming forward with that, talking to her. He 




could talk to me about it. But he stepped 
over the line. So that's when I approached 
him. 

Q. You became offended and you actually 
just went up to him and confronted him? 

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A. That's right. 

Q. How old were you at that point, 

Mr. Whitlock? 

A. Eighteen. 

Q. As an eighteen-year-old young man, 
you went up to this fairly formidable 
individual, wasn't he? 

A. Define "formidable." 

Q. He was good sized, he had an aura of 
power about him? 

A. He was a big man, yes, sir. 

Q. You confronted him by asking him the 
question, did he kill Martin Luther King? 

A. Uh-huh. 



Q. What did he say to you? 




A. He glared at me, he says, you've been 
talking to your mother, hadn't you? I said, 
yeah. He said, you wired? I didn't even 
know what he meant by that. I went, no. I'm 
not wired. 

Q. He asked if you were wired, and you 
didn't know what he meant by that? 

A. I thought he was talking about — I 
thought he meant am I taking amphetamine 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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pills and wired up. I said, no. I'm not 
crazy. He sat there for a second. 

He says — 

THE WITNESS: Your Honor, I 
don't want to offend anybody, and I don't 
know how many people are watching this 
television, but I'm going to have to use 
some — 

Q. (BY MR. PEPPER) Just speak clearly 
and plainly, just what he said. 

A. I'm going to use that N word nobody 




wants to hear. I don't want to offend 



anybody by saying this. 

Q. Mr. Whitlock, just say what you know. 

A. He told me, he said, I didn't kill 
the nigger, but I had it done. I said, what 
about that other son-of-a-bitch up there 
taking credit for it? He says, ahh, he 
wasn't nothing but a troublemaker from 
Missouri, he was a front man. 

I didn't know what that meant. 

Because "front man" to me means something 
different than what he was thinking about. I 
said, a what? He said, a setup man. I said, 

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well, why did you kill the preacher for? He 
says, ahh, it was about the draft. 

He says, boy, you don't even need to 
be hearing about this. He said, don't you 
say nothing. He stood up and he acted like 
he was going to slap me up upside the head. 

So I stood up there. Me and him are looking 




at each other. He has got this glare look on 
his eye. I could tell he was thinking about 
hitting me. 

It run through my head, you old 
son-of-a-bitch, you hit me, I'm going to 
knock a knot upside your head, I don't care 
who you are. He is standing there glaring at 
me. 

He says, you fixing to go to Canada, 
aren't you? I said, yeah. Then about that 
time the phone rang. I just walked over 
there and answered the phone and was busy 
with the pizza stuff, I looked up, and he is 
gone. He left his beer sitting there on the 
table. It was about half full. 

Q. Did you ever have any other 
discussion with him about this matter? 

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173 

A. No, sir. 

Q. And do you recall what year this was? 



A. 1979. 




Q. 1979? 



A. Uh-huh. 

Q. You went off to Canada, then? 

A. Yes, sir. 

Q. Played your gig? 

A. Uh-huh. 

Q. Did you ever see or talk to 
Mr. Liberto again? 

A. My time frame — he called me, okay, 
on the phone, right after that, and he says, 

Nate, I've got a job for you. I went, oh, 
man, he is going to want me to - well, let 
me back up just a little bit here. 

Mr. Frank — there was something 
that happened over at the pizza parlor prior 
to this conversation I had with him about him 
having Martin Luther King whacked. Something 
took place right prior to that at the pizza 
parlor that left him open to talk to me in 
these kinds of ways. 

It was a pretty nasty situation, but 

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I had to do what I had to do over there. I 
don't tell everybody what I did. About a 
week or two prior to this conversation I had 
with Mr. Frank, some guy came in, he looked 
kind of like John Wayne. He was a big guy, a 
redneck guy, walked in my mother's restaurant 
drinking a beer. 

Mama runs over there to the door and 
she says, you can't bring a beer in here but 
I'll sell you one. He just — once again. 

I'm going to have to use some nasty language 
to make it how it was. He says, I just might 
buy this mother-fucking place, and he 
back-handed my mama. 

When he did, I walked around from 
the counter with a nightstick and knocked 
fire from his tail end and knocked him 
through the front door, hit him across here 
and busted his eye open real bad, busted his 
head open, knocked him out on the front 
doorstep out there and whacked him again with 



that stick. 




There was a man that was working out 
there named Louis Bonsella. He come running 

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out there and said, don't hit him no more, 

Nate, you are going to kill him. I said. I'm 
trying to kill this ME. Some other guy come 
running out the door and says, oh, wait a 
minute, come on. Red, talking about the guy I 
hit with the stick, come on. Red, they are 
going to kill us. So I hit him in the GP. 

So the last I saw these two 
knuckle-heads, they were dragging each other 
down the sidewalk. Meanwhile, Mr. Erank had 
got me up in a truck a couple days later, he 
got me up in there. Mama called the cops. 

They come over there. She filed a report on 
the guy causing such a disturbance. 

The lieutenant shows up over there. 

He gets me out on there on the sidewalk and 
says, Nate, you are going to have to watch 
yourself because there is going to start a 




war over here. I whacked this guy good with 
that stick. 

Mr. Frank got me in the truck. He 
started asking me about this fight. He says, 
were you going to kill him, Nate? I said, 
yeah, I was, but Louis stopped me. He said, 

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who? He said, the guy over there working at 
the place. He said, oh, that old dago 
son-of-a-bitch. 

Then he says, well, it is a good 
thing you didn't kill him, you would have 
been in a whole lot of trouble if you would 
have. You got out of it, but I would have 
helped your mama. He said, could you do it 
again? I said, I guess so, if somebody come 
up in the pizza parlor acting the fool and 
hit mama, I said, yeah. I'll tear them up. 

He says, no, would you do it just in 
general? I said, to who? He said, mostly 
dope niggers over there on around Hollywood, 




going up around the Hollywood over Plough 
Boulevard. He motioned over there towards 
Hollywood. 

I said, I don't know. He said, 
could you do it for some money? I said how 
much money? He said, five or ten, it 
depends. I said, who is it? He says, these 
dope boys get these white girls over there, 
the families still care something about them, 
either the police can't or won't do anything 

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about it and he said that's it, that's who we 
want to get right there. 

I said, who exactly is it? He said, 

there is always some nigger around here needs 

to be killed. I don't know. I'll let you 

know. 

Well, when he called my back after 

we had this conversation about Martin Luther 

King, he told me about that, he said, oh. 

I've got a job for you, Nate. Oh, God, he is 




going to want me to kill some dope idiot over 
here somewhere. 

He says, get your nigger. I had a 
guy, a black man, that played drums for me, 
and another man. He says meet Billy down at 
the Cook Convention Center. He was talking 
about a music job. 

Q. It wasn't a contract to kill 
somebody? 

A. Yeah. He wanted me to play for 
Sheriff Bill Morris' Christmas party. I was 
to go down there to the Cook Convention 
Center, play this Christmas party and I get 
paid a check. Then he shows back up over 

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there at the pizza parlor. That's what the 
conversation was about. 

Q. Did there come a time years later 
when you wrote a letter to a government 
official in which you discussed or in which 
you stated what you have told this Court and 




jury today? 



, WEATHERFORD 




Forrest, and I had a bunch of cops roll down 
on me, a bunch of police. I said, heck, 
there is a robbery somewhere, I better get 
out of here. I hung up the phone and took 
off. 

I didn't know they was there for 
me. I get around the corner and I'm pulled 
over. I had three squad cars with loads of 
police with guns to my head. They hit me in 
the groin twice, smashed my face up against 
the back of the car, stretched me out. 

One of them cops — I used to 
wrestle a couple years ago at the Coliseum, 
and one of the cops recognized me from when I 
wrestling. He said, wait a minute, this is 
Nate. They was working on the hood smashing 
my face down in that thing, you know. I was 
just taking it. They didn't put anything on 
me that I hadn't hardly had before. 

So I'm just taking it however I can 

take it. But the one cop stopped it. The 

guy had a gun to my head while the other one 



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180 

was working on me. He said, wait a minute, 
Nate, what is this about? I said, I don't 
know, man, I guess it is my ex-wife or 
something. I didn't know what it was about. 

Q. You didn't put it together at that 
point? 

A. Not at that moment, no, I didn't. 

The top cop that knew me, he put me in his 
squad car and looks back at me, he said, 

Nate, have you been making phone calls to 
Nashville? I said, ug-huh, not me. 

They jerked me out of the car 

again. They said, how much change you got on 

you? I had like eighty cents in change. 

They are all looking like he ain't got enough 
money to make a long-distance phone call. I 
said, what are you talking about? He says — 
the cop asked me, he says, do you — have you 
been making bomb threats? I said, I can't 
even set my VCR much less make a bomb. I 
don't know what you are talking about. This 




is the cop I know. 

He says, have you been trying to 
embezzle money out of anybody, some 

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181 

government guy? I said, no, ma'am, what the 
heck is this? Then all of a sudden this guy 
that has been following me, he pulls up there 
real quick in this unmarked car, because they 
are on the radio saying - I said, if this is 
all what is going on, you've got the wrong 
guy, you need to go back over there wherever 
he is on the phone and see if you can find 
him, because you've got the wrong person 
here. 

Well, when that took place, the cop 
that put all the regular Memphis police on 
me, the undercover guy, he come wheeling up 
and blocks his face so he can't see me and 
walks by the car and said, here is the number 
he is calling. I'm listening out the window 
to them. I call him a lying SOB when he 




walks by the door because that's what he was 
was. I ain't called anybody in Nashville. 

Q. Well, the upshot of it all was that 

this was serious harassment that happened you 

to? 

A. That's an understatement. Then they 
got me downtown, read me my Miranda rights. 
DANIEL, DILLINGER, DOMINSKI, RICHBI 
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I said, am I under arrest? He said, boy, you 
in a lot of trouble. He said, you can't get 
no lawyer, you can't get no bond. He said, 
why does the Secret Service have a hold on a 
cab driver? 

This is that cop up there named 
Johnstone, eleventh floor, bomb unit. I 
says, I can't tell you. He said, well, you 
going to have to tell me. I said. I'll talk 
to the AG about it because he told me not to 
say a word to nobody about this. 

He said, you ain't talking to nobody 
until you tell me why the Secret Service has 



WEATHEREORD 




ahold on this cab driver right here. I said, 
okay if you really want to know it, I'll give 
it you. There are entities within the 
government — he is taking a statement. They 
give my give me my Miranda rights. I'm not 
sure if I'm under arrest or not. Then I give 
the statement. You can't make a statement 
unless I done read you your rights, he said. 

I said, fine. Okay. I guess I was 
arrested. 

I give the statement. I said, the 

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reason why they doing this to me is there are 
entities within the United States government 
that don't want me to say what I know about 
the assassination of Martin Luther King. He 
almost fainted. He walked out of the room. 

I saw him through the window. He 
was on the EAX machine and he was working the 
EAX machine. I read the heading of the paper 
he had. It had something on there that said 




Washington. He walks back in there with the 
FAX. Him and Larkin, the other major up 
there, they read it, and they said, get the 
hell out of here. 

I was arrested with guns to my head, 
hit in the groin, read my Miranda, then 
un-arrested and kicked loose all at the same 
time. 

Q. My goodness. Nate, thanks very much 
for coming down here this afternoon. 

MR. PEPPER: No further 
questions. 

THE WITNESS: Dr. Pepper, you 
don't have to thank me for telling the truth. 

MR. PEPPER: No further 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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questions. 

THE COURT: Mr. Garrison might 
have some questions for you, sir. 

CROSS-EXAMINATION 



BY MR. GARRISON: 




Q. Mr. Whitlock, I've known you and your 
family for quite a few years, haven't I? 

A. Yes, sir. 

Q. Let me ask you this: How long have 
you known Mr. Loyd lowers seated over here? 

A. Since 1985, Mr. Garrison. 

Q. You worked when he was in the cab 
business, did you? 

A. Yes, sir. 

Q. You've been around him quite a bit? 

A. Not in the last ten years I haven't, 
no, sir. 

Q. You'd been around him quite a bit 
before then? 

A. A long time ago, yes, sir. 

Q. Has he ever made any mention to you 
about the assassination of Dr. King? 

A. No, sir. 

Q. He never said any word about that? 

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A. I never drew the two together until I 




saw Mr. lowers and yourself and Mr. Akins on 
one of them television programs. I called 
mama up on the phone. I said, does that 
sound familiar? 

MR. GARRISON: That's all I 
have. 

THE COURT: All right. You may 
step down. 

(Witness excused.) 

THOMAS H. SMITH 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Captain Smith, good afternoon. 

A. Hi. 

Q. Thank you for coming here this 
afternoon. 

A. You are welcome. 

Q. Would you state for the record, 
please, your name and address? 

A. Thomas H. Smith, 2997 Knight Road, 



Memphis, Tennessee. 




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Q. Captain Smith, were you employed by 
the Memphis Police Department? 

A. No longer. I've been retired for 
eleven years now. 

Q. How long did you work for the Memphis 
Police Department? 

A. Thirty-three years. 

Q. What was the rank that you achieved? 

A. Well, at one time I was captain in 
charge of homicide. 

Q. Were you assigned to homicide at the 
time of the assassination of Martin Luther 
King? 

A. Yes, sir, I was. I was assigned to 
homicide in 1960. 

Q. So in 1968 you were a homicide 
detective involved in that investigation? 

A. Yes, sir. 

Q. In the course of that investigation 



did you first of all arrive on the scene 




around the time of the killing? 



A. Yes, sir. My partner and I, Roy 
Davis, were the first ones on the scene at 
the time of the killing. 

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Q. At some point in time did you go over 
and into the rooming house on the opposite 
side of Mulberry? 

A. Yes, sir, I did, during the time of 
my investigation after I did what I had to do 
at the scene. I was going around looking for 
witnesses and went over to the rooming house. 

Q. Did you go up to the second floor of 
that rooming house and into a room occupied 
by a man called Charles Stephens? 

A. Yes, sir, I did. 

Q. And his common-law wife Grace 
Stephens? 

A. Grace, yes. 

Q. How long after the killing did you go 
into that room and see Mr. Stephens? 




A. Well, it couldn't have been all that 



long, because we tried to expedite matters. 

It was still daylight. I talked to 

Mr. Stephens. I could not talk to Grace. 

Q. You could not talk to Mr. Stephens? 

A. No. 

Q. Why couldn't you speak with 
Mr. Stephens? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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A. She is drunk, passed out on the bed. 

Q. He was drunk and passed out? 

A. Yes, sir. 

THE COURT: He said "she" was. 

Q. (BY MR. PEPPER) I'm sorry, Mrs. 

Stephens was drunk and passed out. What 
about Mr. Stephens? 

A. He had been drinking heavily. 

Q. Did you talk to him? 

A. He was leaning up against the door 
and talked with me briefly, yes, sir. 

Q. And what kind of condition was he in? 




A. He was also intoxicated but not as 
bad as Grace. 

Q. Were you aware of the fact that 
Mr. Stephens gave a statement that was used 
in the extradition proceedings from London 
against James Earl Ray? 

A. I wasn't for a long time. I know he 
was. 

Q. And that as a result of Mr. Stephens' 
identification of a profile in the distance 
that he saw, Mr. Ray was extradited from 
London and brought back to the United States. 

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189 

A. Yes, sir. 

Q. In your opinion at the time when you 
interviewed him, within minutes of the 
killing, after the killing, would he have 
been capable of making that kind of 
identification? 

A. No, sir. No way. 



Q. Because of his intoxication? 




A. No, sir. I don't think he could. I 



didn't think enough of his statement that I 
took to take him downstairs, downtown and 
take a formal statement from him and so put 
it in my arrest report that he was 
intoxicated to the point there was no sense 
in bringing him downtown. 

Q. You put that in your report? 

A. Yes, sir. 

Q. Was that report ever reflected in the 
Memphis Police Department investigation 
report? 

A. Yes, sir. It is quite full of the 
investigation. We all wrote our little part 
that we had in it. 

Q. But did you read the official MPD 

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report and did you ever see the comments that 
you have made just now included in that 
report? 



A. No, sir. I have never read the 




report. I never had my hands on it. Well, I 
did have my hands on, it but I never had time 
to read it. When I was promoted in charge of 
the homicide squad, there was a report in the 
office, and I took it out of the desk — out 
of the file and put it in my desk drawer 
where I could securely lock it up. 

Q. All right. 

A. And it was later taken from me by 
Chief John Moore. He called me one day and 
asked me if I had it. I said yes, I did. He 
said, bring it to me. I carried it down 
there. I haven't seen it since. 

Q. Do you know what happened to it? 

A. No, sir. 

Q. One final line of questioning. Were 
you over in the hospital at the time when the 
body of Martin Luther King was present in a 
morgue room? 

A. Yes, sir, I was there. 

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191 




Q. And did you put your hand on the back 
of Dr. King under his lower left shoulder 
blade and feel an object? 

A. Yes, sir. 

Q. What was the object that you felt 
just beneath the skin? 

A. Well, it felt just like a bullet to 
me, the lead jacket of a bullet. 

Q. Did it feel as though it was one 
piece? 

A. Yes, sir, it was still round. 

Q. It felt as though it was one piece? 

A. Yes, sir. 

MR. PEPPER: Nothing further. 

Your Honor. 

MR. GARRISON: Your Honor, I 
have no questions. Thank you, sir. 

THE COURT: All right. Thank 
you very much. Captain. 

(Witness excused). 

MR. PEPPER: Your Honor, 

plaintiffs have another witness who has made 

a special trip here. The entire testimony 




will not take more than about seven to ten 



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minutes. 

THE COURT: We'll hear it. 

MR. PEPPER: Thank you. 

MR. PEPPER: Call Mr. Charles 
Hurley, please. 

THE COURT: Ladies and 
gentlemen, let me probably admonish you. You 
probably have heard some things you have 
never heard before about this case. You are 
not to discuss this evidence, not with your 
family, not among yourselves or anyone else. 

CHARLES HURLEY 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Mr. Hurley. It has 
been awhile. 



A. It has. 




Q. Would you please state your name and 
address for the record, please. 

A. Charles Hurley, 2595 Cedar Ridge 
Drive, Germantown, Tennessee. 

Q. Mr. Hurley, what do you do for a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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living? 

A. I'm division manager for Save-a-lot 
Eood Stores. 

Q. How long have you held that position? 

A. That position, about four years. 

THE COURT: HURLEY? 

THE WITNESS: Yes, Your Honor. 

THE COURT: All right. Go 
ahead. 

Q. (BY MR. PEPPER) At the outset let me 
thank you very much for coming down here at 
considerable inconvenience to yourself. 

Mr. Hurley, what position did you 
hold — what was your work back in 1968? 



A. I was advertising manager for 




National Food Stores in Memphis. 

Q. What did your wife do at that time? 

A. She worked for the Seabrook Paint 
Company. She was a buyer at Seabrook Paint 
Company down on South Main Street. 

Q. Physically where was the Seabrook 
Paint Company located in respect of the 
rooming house? 

A. It would be immediately across the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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194 

street, virtually right across the street. 

Q. Virtually opposite the rooming house 
in question? 

A. Right, uh-huh. 

Q. And therefore virtually opposite 
Jim's Grill, the restaurant at the bottom of 
the rooming house? 

A. Yes, I believe that would be correct. 

Q. What was your practice on a usual day 
when you finished work? 

A. Well, what I would do is I would go 




downtown and pick up my wife. I worked down 
on South Florida Street, which is not really 
very far from there, and we had one car at 
the time, so that's what our usual practice 
was to do. 

Q. On the 4th of April, 1968, Thursday 
afternoon, did you go downtown to pick up 
your wife? 

A. I believe, yes. 

Q. Do you recall what time of day that 
was? 

A. I normally got off about 
four-thirty. It is probably fifteen or 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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195 

twenty minutes to where she was. I would 
just normally drive down and pick her up. 

Q. And so around a quarter to five — 

A. About that, I would say. 

Q. - ten to five, you drove to South 
Main Street? 



A. Yes. 




Q. And you were facing north as you go? 

A. I would be facing north, yes. 

Q. And would you pull over to the side 
of - 

A. Yes. I would — if she wasn't 
downstairs, I would pull over and park. 

Q. Was she downstairs on that day? 

A. I believe she had come down and I was 
not downtown, so she had gone back up to her 
work space. 

Q. So when you arrived, she wasn't down 
there? 

A. No, she wasn't down there. 

Q. What did you do? 

A. I just sat in the car and waited for 
her. 

Q. Where did you park your car? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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196 

A. I parked, you know, facing north. 

That would be the east side of South Main 



right there almost opposite the rooming 




house. 



Q. Was there an automobile parked 
immediately in front of you? 

A. Yes, there was. 

Q. And what kind of car was parked 
immediately in front of you? 

A. It was a white Mustang. 

Q. It was a white Mustang? 

A. Yes. 

Q. How far back, can you estimate, was 
that Mustang from Jim's Grill or the rooming 
house? 

A. It was right there. That has been a 
long time. 

Q. Sure. 

A. But it was right there. 

Q. Did you notice the license plates on 
that white Mustang? 

A. Yes, I did. Yes, I did. 

Q. What kind of license plates were 
there on that white Mustang? 

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197 



A. As I recall at the time and still 
believe, it was an Arkansas license plate, 
because the numerals were red and the 
background was white. 

Q. Do you believe the license plate on 
that car was a white Mustang? 

A. Yes, I am. 

Q. Are you aware of the fact that James 
Earl Ray was driving a white Mustang in 
Memphis on that day? 

A. I've heard that subsequently, yes. 

Q. Are you aware of the registration of 
that Mustang that James Earl Ray was driving? 
A. You know, only what I've been told or 
heard subsequently. I think it was the EBI 
or someone had told me it was an Alabama 
license, they believed it to be an Alabama 
license. 

Q. He was driving an Alabama 
license-plate-registered car. You saw a 
white Mustang with Arkansas plates? 

A. I believe them to be Arkansas plates. 




Q. On that street? 

A. Yes. 

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198 

Q. Was there anyone sitting in that car? 

A. There was one person sitting in the 
car. 

Q. When your wife came down and you 
picked her up and you drove away, was that 
person still sitting in that car? 

A. Yes, uh-huh. 

Q. Could you describe that person? 

A. The only thing I could see was the 
back of someone's head sitting in the car. I 
couldn't identify him from that. I'm sure. 

MR. PEPPER: That's fine. Thank 

you very much, Mr. Hurley. Nothing further. 

MR. GARRISON: I have no 
questions of Mr. Hurley, thank you. 

THE COURT: All right, sir. You 
may stand down. You are free to leave. 



(Witness excused.) 




THE COURT: Any more 



out-of-towners? 

MR. PEPPER: Well, we do have on 
call outside two more witnesses whose 
testimony will be very brief. We can have 
them return, if Your Honor wishes, tomorrow 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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199 

to begin in the morning. One has come from 
Elorida, but he is prepared to stay over. It 
is at Your Honor's discretion, whatever you 
wish. 

MR. GARRISON: Your Honor, his 
testimony may not be quite as brief. I will 
have some cross-examination on him. 

THE COURT: Very well. You've 
answered the question I might have asked. 

Eadies and gentlemen, we're going to 
stop at this point. We will resume tomorrow 
at ten o'clock. Again, please don't discuss 
the testimony with anyone. 

That also goes for the witnesses who 




have testified here. You are not to discuss 



your testimony on the stand here with any of 
the reporters or anyone else. 

All right. 

(Jury out.) 

(The proceedings were adjourned 
at 4:30 p.m.) 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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200 



IN THE CIRCUIT COURT OF SHELBY COUNTY, 
TENNESSEE FOR THE THIRTIETH JUDICIAL 
DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, et al. 
Plaintiffs, 

Vs. Case No. 97242 
LOYD JOWERS, et al. 
Defendants. 



PROCEEDINGS 
November 17 th, 1999 
VOLUME III 



Before the Honorable James E. Swearengen, 
Division 4, judge presiding. 



DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER, WEATHERFORD 
COURT REPORTERS 
Suite 2200, One Commerce Square 



Memphis, Tennessee 38103 




(901)529-1999 



201 

- APPEARANCES - 

Eor the Plaintiff: DR. WIEEIAM PEPPER 

Attorney at Eaw 

New York City, New York 

Eor the Defendant: 

MR. EEWIS GARRISON 
Attorney at Eaw 
Memphis, Tennessee 
Court Reported by: 

MR. BRIAN E. DOMINSKI 
Certificate of Merit 
Registered Professional 
Reporter 
Daniel, Dillinger, 

Dominski, Richberger & 

Weatherford 
22nd Eloor 

One Commerce Square 
Memphis, Tennessee 38103 
202 



- INDEX - 




WITNESS: PAGE/LINE NUMBER 



JAMES MIENER 
DIRECT EXAMINATION 

BY MR. PEPPER: 204 21 

CROSS-EXAMINATION 

BY MR. GARRISON: 224 5 

REDIRECT EXAMINATION 

BY MR. PEPPER: 227 22 

EEOYD NEWSOM 
DIRECT EXAMINATION 

BY MR. PEPPER: 230 16 

CROSS-EXAMINATION 

BY MR. GARRISON: 240 9 

REDIRECT EXAMINATION 

BY MR. PEPPER: 242 16 

NORVIEEE WAEEACE 
DIRECT EXAMINATION 

BY MR. PEPPER: 245 12 

CROSS-EXAMINATION 

BY MR. GARRISON: 254 15 

REDIRECT EXAMINATION 
BY MR. PEPPER: 257 16 



EEON COHEN 




DIRECT EXAMINATION 



BY MR. PEPPER: 260 23 

ED REDDITT 
DIRECT EXAMINATION 

BY MR. PEPPER: 293 12 

CROSS-EXAMINATION 

BY MR. GARRISON 310 10 

REDIRECT EXAMINATION 

BY MR. PEPPER: 313 14 

JAMES McCRAW 

BY DEPOSITION 271 15 



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203 

JERRY WIEEIAMS 
DIRECT EXAMINATION 

BY MR. PEPPER: 315 15 

SOEOMON JONES 

BY WRITTEN STATEMENT(S) 327 13 

PHIEEIP MEEANSON 

DIRECT EXAMINATION 

BY MR. PEPPER: 338 13 



KAYE PITTMAN BEACK 




BY PRIOR TRANSCRIBED TESTIMONY 348 10 



EXHIBIT PAGE/EINE 
Exhibit 1 269 22 

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204 

PROCEEDINGS 
(November 17, 1999, 10:20 a.m.) 

THE COURT: All right. Bring 
the jury out, please. 

(Jury in.) 

THE COURT: Good morning, ladies 
and gentlemen. We're going to resume our 
trial at this time. 

Mr. Pepper, will you call your next 
witness. 

MR. PEPPER: Good morning. Your 
Honor. 

THE COURT: Good morning. 

MR. PEPPER: Your Honor, 
plaintiffs call as their first witness this 
morning Mr. James Milner. 



JAMES E. MIENER 




Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mr. Milner. Thank you 
for coming here this morning. I know you 
DANIEE, DIEEINGER, DOMINSKI, RICH! 
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205 

have a bit of a hearing problem. 

A. Right. 

Q. If you can't hear me, would you ask 
me to come forward to speak louder. 

A. Please, just come forward. 

Q. All right. 

MR. PEPPER: Is it all right to 
approach. Your Honor? 

THE COURT: You may. 

Q. (BY MR. PEPPER) Would you state your 
name and address for the record, please. 

A. My name is James Edward Milner, Jr. 

I live in St. Petersburg, Elorida. 

Q. Where did you live before you resided 



WEATHEREORD 




in St. Petersburg, Florida? 

A. Here in Memphis, Tennessee. 

Q. What do you presently do for a 
living? 

A. I drive a taxicab. 

Q. And what did you do in Memphis, 

Tennessee, for a living? 

A. Drove a taxi. 

Q. How long did you drive a taxicab? 

A. Approximately around about 

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twenty-five years. 

Q. Always in Memphis, Tennessee? 

A. Yes, sir. 

Q. Which company did you drive for? 

A. I drove for Veteran Cab and Yellow 
Cab. 

Q. How many years for Veteran's Cab? 

A. Eighteen of it was Yellow. The rest 
of it was Veteran? 



Q. In which order. Yellow first? 




A. The Veteran first and then Yellow. 



Q. Then Yellow. In the course of your 
work in your taxi-driving work here in the 
City of Memphis, did you come to know the 
Defendant Loyd lowers? 

A. Yes, sir. 

Q. When did you first meet Mr. lowers? 

A. The first time I met him was back 
there after I first started driving, back 
when he was with Yellow Cab. I'm not sure 
exactly what year it was. 

Q. But approximately. 

A. I probably met Loyd probably I'd say 
after I'd been driving about two years or 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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something like that. 

Q. About two years you had been driving 
and you met him. Did you come to know him 
pretty well? 

A. Well, I didn't really come to know 



him real well until I went to work for 




Veteran Cab when he bought the company out. 

Q. So when he owned Veterans Cab, when 
he bought that company and you drove for him, 
then you came to know him better? 

A. Right. 

Q. Roughly what time frame is that? 

What years would those be? 

A. I'm not really sure the year, but it 
was right around 1979, 1980, something like 
that, as far as I can remember, something 
like that. I'm not for sure of the dates. 

They pass off too fast for me. 

Q. How often did you see Mr. lowers 
during that period? 

A. I'd see him every day. I was a 
supervisor down there. I helped run a lot of 
things down there. I'd see him every day. 

Q. In the course of your days work, how 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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208 

much time would you say you actually spent 



with him? 




A. Oh, I'd say anywhere from at least 
eight hours a day. Maybe even ten hours a 
day. Loyd sometimes would stay down there 
five, six o'clock, something. I'd get down 
there usually about seven o'clock in the 
morning. 

Q. All right. So you had extensive 
contact with him? 

A. Right. 

Q. How many days a week would that be? 

A. Well, I don't really remember if he 
took off on weekends or not. I know it was 
at least Monday through Friday and some 
Saturdays. I can't really remember if I 
worked six days a week or seven days or 
what. I worked quite a few days a week. 

Q. Okay. So you had this contact with 

Mr. lowers over a period of time about twenty 

years ago? 

A. Right. 

Q. Now, in the course of this quite 
extensive contact with him, did you ever 



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209 

discuss the assassination of Martin Luther 
King with him? 

A. Yes. It was one day they was having 
a — I believe it was some kind of a march 
downtown about it. I don't know if it was on 
the anniversary of his death. I'm not sure 
just the circumstances of what was going on 
downtown. There was talk about James Earl 
Ray in the paper and on the news and 
everything. We just got to talking one day 
down there. 

It was just me and him in the office 
there. I told him, I says, you know, I just 
don't think James Earl Ray done it. Eoyd 
made a comment, you know, he said, no, Eordy, 
Memphis police officers. Well, he said law 
enforcement officers done it. He said, you 
can take that to the bank. 

Q. I'm sorry. Would you repeat that? 

A. He said, you can take that to the 
bank, you can bank on that or something. 




Loyd used to have some phrases when he used 
to talk. He'd always say, you can take that 
to the bank, you know. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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210 

Q. What was he saying you could take to 
the bank? 

A. The truth of what he was saying, 
anything he would say, you know, in other 
words like money, if he give you money, you 
could take it to the bank. If he told you 
something, he would guarantee it would be 
true. He never — 

Q. What was the specific statement he 
was referring to in your mind? 

A. When he was talking about Ray doing 
the killing, he mentioned, no — I think he 
said something he didn't think he done it or 
he didn't do it, you know. He said, a law 
enforcement officer done that, you can take 
that to the bank. 



Q. He said a law enforcement officer did 




it, you can take that to the bank? 

A. Sir? 

Q. He said a law enforcement officer did 
it? 

A. He said law enforcement officers. 

Q. Did he say what agency this law 
enforcement officer might have worked for? 

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A. I'm not sure if he said Memphis 
police department or what. I can't be for 
sure about that. It has been so many years 
ago now, I don't remember a whole lot about 
that conversation. We was just talking about 
different things, you know. He did say law 
enforcement officers. 

Q. That's fair enough, Mr. Milner. You 
just must tell the Court and the jury what 
you honestly remember at this point in time 
these years later. Did he say anything about 
the planning of the assassination? 



A. No, sir. 




Q. Did he say anything about the 
involvement of anyone else in the 
assassination? 

A. No, sir. 

Q. Just that one statement? 

A. Just that one statement. 

Q. Did you ever at any other time 
discuss this matter with him? 

A. Yes. I heard through the news media 
and stuff like that that Loyd was trying to 
come out about the truth about the killing. 

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But I didn't know the circumstances about it 
or anything. So I didn't know who he talked 
to about it. 

So I talked to a lawyer up in 
Tennessee that was representing James Earl 
Ray. He contacted me, had me talk to 
Mr. Billings, a private investigator here. 

He told me about Loyd's lawyer. He told me I 
needed to go up there and talk to him. So I 




said, okay. He had a Mr. Hamblin went up 
there and talk to me. 

Q. I want to stop you there, because the 
question was did you have any further 
conversations with Mr. lowers, not the 
history of your — 

A. Yes. 

Q. You had a further conversation with 
Mr. lowers? 

A. Right. After that. 

Q. When did that conversation take 
place? 

A. That was in April — I believe it was 
April the 2nd of last year, 2nd of last year, 

1998. 

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Q. Where did that conversation take 
place? 

A. Right here in Memphis. He was in 
Arkansas at the time. He called me on the 



phone. I left word through his attorney to 




call me because I wanted to talk to him. 



Q. So he called you? 

A. Right. 

Q. You spoke with him at that time? 

A. Right. 

Q. What did he say to you at that time? 

A. Well, we just made a little bit of 
conversation about we hadn't seen each other 
in quite awhile, you know. I was asking him 
what was going on with him and the King 
killing. He told me, you know, that he was 
trying to bring it out but he didn't know how 
to bring it out. 

I remembered the conversation back 
we had before, and I heard rumors through the 
cab drivers, you know, how a lot of cab 
drivers would talk, that had heard a lot of 
things, you know. I heard that Loyd was 
involved in it but I didn't know if that 

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would be — just to be sure. Different 




things like that. I just asked him, I said, 
listen, what's your involvement in it? 

That's when he told me. 

Q. What did he tell you? 

A. He told me he was involved in it to a 
certain extent. I asked him, I says, first 
thing I asked him, I said, listen, you tell 
me the honest truth. He has always been 
truthful with me. I said, listen, did you — 
first thing I asked him, did you pull the 
trigger? He said, no, no, Lordy. He said, I 
was involved in it to a certain extent, but 
did I not pull the trigger. 

I said, well, that's the main thing 
I was concerned about. I didn't want nobody 
talking to me about killing somebody, you 
know what I mean. So we talked over two, two 
and a half, three months there just talked 
every day. 

I'd call him on my cell phone. We 
would talk and he would tell me things that 
happened to him because he said he would like 
to bring it out, you know, but he didn't want 




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to take the chance of maybe being indicted 
for something, being involved in it to a 
certain extent, or what. So he just come out 
and just told me basically the whole story 
about it. 

Q. Well, how did these new admissions 
differ from what he had told you almost 
twenty years ago? 

A. How much difference? 

Q. Yes. 

A. Well, he just told me more or less 
not every little detail, but he just told me 
exactly how it come about, who was involved 
in it. 

Q. Let me stop you, Mr. Milner. How did 
it come about? How did you come to 
understand that it came about? 

A. He said he was offered I think it was 
a hundred thousand dollars or something by 



Erank Liberto had offered him the money if he 




thought he could find somebody to do a 
killing. 

He didn't know what kind of a 
killing it was at the time or nothing. He 

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says, I don't know. Then Loyd just said he 
didn't think no more about it until Erank 
Liberto called him, and he said. I'm sending 
a great deal of money. In other words, Loyd 
would buy his produce from this Erank 
Liberto, and I think they was real close 
friends. 

He said. I'm sending a great deal of 
money. It would be wrapped up. He said it 
was wrapped up in a paper sack with two 
rubber bands on it. He said. I'll be sending 
it inside the produce, up under his produce 
that he was sending to him. 

Loyd said on the day he said he 

would send it, that he received the money. I 

think he said he stuck the money inside of a 




stove, an old stove he had there. He was 



told that somebody would come back and get 
the money. 

Q. So he was given this money to hold 
for someone else to pick up? 

A. Right. At the time, from what I 
understand, he didn't know what the money was 
about or what it was for or nothing. He just 

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said. I'm sending you some money there, be 
careful, it is a great deal of money, just 
hold it for me and somebody will be there to 
come and get it. 

Q. Then what happened? 

A. Well, he said this — I'm not sure 

how to pronounce his name — Raul come and 

picked the money up. We got to talk. I 

said, how did you know of anything about the 

killing if you didn't know about the money? 

He said, well, over a couple of days 



some law enforcement officers that he knew 




real well, one of them was his partner back 
years ago when he was on the police 
department, he said him and two other law 
enforcement officers planned this thing out 
over two days. 

He said he didn't know what — he 
said he knew they was planning — what he 
could understand, they was planning to kill 
someone, but he didn't know who or what it 
was about or nothing. He just assumed it was 
something of that nature. He told me that — 
do I have to tell their names? 

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Q. Mr. Milner, let me — it is useful if 
you tell any names that you know. But let me 
back you up. Where did this planning take 
place? 

A. In his cafe. He owned — he had a 
cafe down below the boarding house, across 
the street from the Lorraine Hotel. 



Q. In Jim's Grill? 




A. Sir? 



Q. In his cafe, Jim's Grill? 

A. Right, Jim's Grill. 

Q. Who did he say was involved in the 
planning of this assassination? 

A. He said there was five men that 
planned it out. Two of them he didn't know 
who they were. But he knew three of them. 

One of them was a good hunting buddy of his 
that he hunted with all the time. The other 
one was a law enforcement officer that he 
used to ride with years ago when he was on 
the police department. The third one was a 
guy that this man, this officer that he used 
to ride with, brought in to introduce Loyd. 

He brought him in there and introduced him to 

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him. That's how Eoyd knew about the third 
one. He didn't know him personally. 

Q. He didn't know the third one 



personally? 




A. Right. 



Q. Who was the one he did not know 
personally? 

A. Who was he? He said he was a law 
enforcement officer by the name of Merrell 
McCullough. 

Q. Merrell McCullough? 

A. Uh-huh. 

Q. Who were the officer he knew 
personally? 

A. The officer's — I think his name 
was — I believe he was a supervisor by the 
name of Johnny Barger. That was his partner 
that he used to ride with years ago. And the 
second one was Earl Clark. That's the one he 
used to hunt with down in Mississippi. 

Q. I see. Did he say how long these 
planning sessions lasted? 

A. He just said over a couple of days 
before the killing, but he didn't say how 

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220 




long, how long a stint of time or anything 
like that. If he did, I don't remember what 
he said. 

Q. Did he say what his role was in terms 
of the actual killing? What Loyd's role 
was? 

A. At the time he wasn't involved in it 
at all. He was overhearing what they was 
talking about. He said - he was told at six 
o'clock the day of the killing by Frank 
Liberto, who called him, he said to be at the 
back door at six o'clock and receive a 
package for him. He didn't say what it was 
going to be or nothing else. Loyd said he 
didn't have no idea what it was. He was just 
told to be at the back door. 

Q. Be at the back door of his cafe, his 
grill? 

A. His cafe. 

Q. Which faced on toward the Lorraine 
Motel? 

A. Yes. 



Q. Was he at the back door? 




A. He said at six o'clock he went to the 



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back door, you know, and was just standing 
there. All of a sudden he heard a big bang. 

He said when he opened the door right away 
when he heard it, because he - he said as 
soon as he opened the door, one of the 
officers handed him a rifle. It was still 
smoking from the barrel. 

Q. Which officer handed him the rifle? 

A. Sir? 

Q. Did he say officer handed him the 
rifle? 

A. He said it was Earl Clark. 

Q. What did he do with the rifle? 

A. Loyd said he brought the rifle in. I 
believe he said he broke the rifle down, took 
the shell casing out of it. He said he tried 
to flush it down the commode and it stopped 
his commode up to where the commode wouldn't 



flush. 




So he said he had to tear his 



commode down to get the shell casing out of 
it. So he put the rifle I think under a 
cupboard. He wrapped it up I think he said 
in something and put it under the shelf or 

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something. 

I not sure where he said he put it, 
but it was somewhere back in the kitchen. He 
said later on that night after he closed the 
grill down, he throwed the shell casing away 
in the Mississippi River. 

Q. Did he say what was done with the 
actual murder weapon? 

A. He said the next day that this Raul 
came to pick the rifle up. He said that was 
the last he seen of Raul or the rifle. I've 
asked him what he thought happened to it. He 
said he didn't have no idea what happened to 
it. He didn't want to know where it was at. 



Q. All right. 




A. He said until all this was over with, 



he found out that Mr. King had been killed, 
he didn't even know, you know, who they was 
trying to kill or anything, you know. He 
didn't have no idea who it was. 

Q. Mr. Milner, Mr. lowers opened this 
page with you, this story with you, some 
twenty years ago. Is that right? He 
started — 

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A. You are talking about this twenty 
years ago? 

Q. He started to discuss this with you 
twenty years ago? 

A. He didn't tell me this twenty years 
ago. 

Q. Not the details. I'm saying he 
started the story, the discussion of this? 

A. Yes, about twenty years ago. 

Q. But it was only more recently that 
you were able to get these kinds of details? 




A. Right. I just remember what he told 
me back the way he would talk about it was 
law enforcement that done it, and I just 
thought - at first, you know, for a long 
time I thought he was just thinking somebody 
else done it besides James Earl Ray, like I 
thought somebody else done it. 

It never really occurred to me until 
after he started telling me the details about 
it that that is what he meant years ago when 
he was telling me. I didn't have no idea 
that really law enforcement officers was 
involved in it. 

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Q. Nor should you. 

MR. PEPPER: Thank you very 
much, Mr. Milner. 

Your witness. 

CROSS-EXAMINATION 
BY MR. GARRISON: 



Q. Mr. Milner, you and I have talked 




about this matter many - 



, WEATHERFORD 




what color they are. Am I correct, sir? 

A. Right. 

Q. Now, all this information that you 
have given, you said it was by telephone that 
you obtained this by telephone in talking 
with the later conversations with Mr. lowers? 

A. Right. 

Q. Did this take place over more than 
one day? 

A. Oh, no. He would tell me just a 
little bit of it every time I would call him, 
we would just talk a little bit. Because I 
had to work, you know, and I just couldn't be 
just talking to him. I'd talk to him over 
possibly two and a half, maybe three months 
or whatever it was. Then he would just tell 
me a little bit about it. 

Q. He always told you, even back years 
ago and up to then, that he was sorry Dr. 

King was assassinated here in Memphis. Isn't 
that correct? 

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226 



A. Right. 

Q. He also told you that he never knew 
anything that he may have been called upon by 
Mr. Liberto — there was never any mention 
that it would be Dr. King? 

A. He was told what, sir? 

Q. He was never told that Dr. King would 
be the target of any assassination in 
anything that he was asked to do? 

A. No. Frank Liberto, according to what 
Loyd told me, Frank never told him what the 
money was for or anything about the killing 
or nothing like that. 

Q. Okay. Mr. Milner, mostly what you 
told the Court and jury here today has been 
in the news media about the same things you 
have already told, that has been on the 
newspaper and on the TV, isn't it? It has 
pretty much been the same? 

A. I've heard some things. I haven't 
really kept up with what everybody has said. 



Q. Okay. 




A. I just know what Loyd told me. 

MR. GARRISON: That's all, Your 

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Honor. 

THE WITNESS: As a matter of 
fact, even the books and stuff on it, I read 
a book, and, you know, I didn't even — I 
never even read a book until after all this 
stuff he told me, because I was interested 
about it. 

Q. (BY MR. GARRISON) Did you ever know a 
Mr. McCraw, a gentleman named McCraw? 

A. Yes, sir. 

Q. Did you ever talk to him about this? 

A. I never talked to him about it. But 
he was the one back years ago that was 
talking about — thought Loyd was involved in 
it, you know, and he knew who killed Martin 
Luther King. I knew McCraw pretty well, but 
I never talked to him about this. 



Q. All these were rumors going around? 




A. Just rumors. You hear everything in 
the cab business. 

MR. GARRISON: Thank you, sir. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Mr. Milner, this is very important. 

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Did you get any of this information, any of 
these details, from any other source — 

A. No, sir. 

Q. — but Mr. lowers? 

A. What I have told you is exactly what 
Eoyd told me. I've read some books on it 
afterwards, you know, about the killing and 
stuff like that, but a lot of stuff I read, 
you know, was nothing like what Eoyd was 
talking about, you know. 

Eoyd, what he told me was completely 
different. Everything I read, James Earl Ray 
done it, or they thought the military was 
involved in it or different things like that. 




you know. Which I don't know anything about 
that. Loyd never even mentioned nothing like 
that. Loyd just told me what he knew about 
it. 

Q. So you — have you not gotten any of 
these details from any newspaper article, any 
book, any other writing at all? 

A. What I've told you today? 

Q. Yes. 

A. No, sir. 

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Q. Solely from Mr. lowers? 

A. Sir? 

Q. Only from Mr. lowers? 

A. Only from Mr. lowers. 

Q. There have been a number of people 
who have written books on this case, one 
fairly recently who calls himself an expert 
on the case. Have any writers interviewed 
you for their work? 



A. No, sir. 




Q. And asked you what you knew? 



A. Has anybody asked me questions? 

Q. Has any writer interviewed you? 

A. No, sir. No writer has talked to me 
about doing a book on it or nothing. 

MR. PEPPER: No further 
questions. 

THE COURT: All right, then. 

You may stand down, Mr. Milner. You are free 
to go or you can remain in the courtroom if 
you want to. 

THE WITNESS: I'll just go 
outside. 

(Witness excused.) 

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THE COURT: Call your next 
witness, please. 

MR. PEPPER: Your Honor, 
plaintiffs call Mr. Eloyd Newsom. 

THE COURT: Does Mr. Milner know 



he is not to discuss his testimony with the 




media? 



MR. PEPPER: He has been 
advised, Your Honor. 

THE COURT: All right. 

MR. PEPPER: They fall pray when 
they walk outside this room. 

EEOYD E. NEWSOM 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mr. Newsom. 

A. Good morning, sir. 

Q. It has been a long time. 

A. Yes, it has. 

Q. Thank you for coming down here this 
morning. Eet me ask you to state for the 
record, please, your name and address. 

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A. My name is Eloyd E. Newsom, Sr. My 



address is 1203 North Eton's Gate Drive. 




Q. Memphis, Tennessee? 

A. Memphis, Tennessee, the zip is 38116. 
Q. Mr. Newsom, would you tell us what 
you presently do? 

A. I'm retired. 

Q. And how long have you been retired? 
A. Since 1989, ten years. 

Q. And did you at one point earlier in 
your life work for the Memphis Fire 
Department? 

A. I did, sir. 

Q. When did you join the Memphis Fire 
Department? 

A. 7/11/1955. 

Q. How long were you in service? 

A. I retired 7/1 1/1989, sir. 

Thirty-four years. 

Q. So you were a serving fireman for 
thirty-four years? 

A. Yes, sir. There was a break of about 
five years in there. 

Q. When would that have been? 



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232 

A. That was 1968. 

Q. When in 1968? 

A. I resigned on May the 18th, 1968. 

Q. You resigned on May the 18th, 1968? 

A. Yes. 

Q. I want to cover some of that period 
of time when you worked for the Memphis Fire 
Department. It is a part of the plaintiffs 
case that we have sectioned off to call 
"local conspiracy." 

You, Mr. Newsom, were at a critical 
point in time stationed at Firehouse Number 
2, weren't you? 

A. Yes, sir. 

MR. PEPPER: Your Honor, if it 
please the Court, I think we'd like to put up 
a graphic description of the area at this 
point so that the jury doesn't just hear 
words about the place we're talking about so 
they might be able to visualize it. 



THE COURT: I'll allow it. 




MR. PEPPER: Thank you. Your 

Honor, I've shown the drawing to counsel for 

the defense. He has approved it as basically 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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233 

accurate. 

Q. (BY MR. PEPPER) Mr. Newsom, can you 
see that board? 

A. Yes, sir. 

Q. Do you recognize that area? 

A. Pretty much, yes. 

Q. This is South Main Street. It 
parallels Mulberry Street. Is that right? 

A. Yes, sir. 

Q. And is this the fire station where 
you were? 

A. Yes, sir, it is. 

Q. Where you were stationed? 

A. Yes. 

Q. So it on the comer really of Butler, 

Mulberry and South Main Street? 



A. That's right. 




Q. And the Lorraine Motel where Dr. King 
was staying was on the opposite side of 
Mulberry Street facing sort of at an angle 
the fire station? 

A. That's right. 

Q. Now, how long were you stationed at 
Number 2? 

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A. Two years. 

Q. What was the periods of time that you 
were there? 

A. What do you mean, sir? 

Q. How long — from when to when during 
that two-year period? 

A. The shifts? 

Q. No, just which two years? 

A. 1966 to 1968. 

Q. Were you assigned to that station in 
April of 1968? 

A. Yes. 



Q. Now, was there a — to the best of 




your knowledge, was there a police 
intelligence surveillance operation being 
conducted out of that station at the time of 
Martin Luther King's visit to Memphis? 

A. Yes, sir. 

Q. And how many officers were involved 
in that surveillance? 

A. Well, that's a long time back. 

Q. Yes. 

A. I know of two that I was familiar 
with. There could have been others. 

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235 

Q. And who were the two that you knew 
of? 

A. Officer Redditt and — I have the 
other person's name written here, if I'm 
allowed to look and see. Richmond. 

Q. Officers Redditt and Richmond? 

A. And Richmond. 

Q. And from which area of the fire 
station did they actually conduct the 




surveillance, do you recall? 



A. Well, it was basically done from the 
locker room. 

Q. That was in the rear? 

A. Yes. 

Q. Were there windows there? 

A. Yes. Windows up at the top part of 
the locker room. 

Q. Did those windows afford a good view 
of the Lorraine Motel? 

A. Yes. 

Q. Now, were you on duty on the 4th of 
April, 1968, at Fire Station Number 2, at the 
time of the assassination? 

A. I was on duty, but I wasn't at the 

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Number 2, sir. 

Q. You were not at the Number 2? 

A. No. I was supposed to be at the 
Number 2. 

Q. You were supposed to be at the Number 




2, but you weren't at the Number 2? 

A. Right. 

Q. Would you tell the Court and the jury 
why you were not at the Number 2? 

A. Well, I was not there because on 
April the 3rd, the night of April the 3rd, I 
received a call at home from a lieutenant at 
that time. Lieutenant Smith, who instructed 
me not to report to the Number 2 on my 
regular duty to my regular company but 
instead report to Number 31. That was out on 
Overton Crossing at the opposite end of town. 

Q. What time of night did you receive 
this call? 

A. After ten. 

Q. After ten o'clock at night you 
received a call and orders to go to another 
fire station? 

A. That's right. 

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Q. The next day. What was the emergency 




that caused you to be changed, you to be 
moved to another fire station? 

A. Sir, there was no emergency that 
caused me to be changed. 

Q. There was no emergency? 

A. No, sir. 

Q. Mr. Newsom, how many black firemen 
were assigned to Number 2? 

A. Two. N. E. Wallace was assigned to 
the opposite shift from me on a different 
company but at the Number 2's engine house. 
Q. So there were two black firemen 
assigned to Number 2's? 

A. That's right. 

Q. And you were one of the two? 

A. That's right. 

Q. And sometime after ten o'clock that 
night you were assigned to another station? 
A. That's right. 

Q. When you went to that other station 
the next day, did you find that you were 
needed? 

A. No, sir, I was not needed. I was 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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needed on my company because my leaving my 
company left my company out of service unless 
somebody else was detailed to my company in 
my stead. 

Q. So you are telling this Court that 
you were surplused to requirements where you 
were sent, and that undermanned your home 
company? 

A. That's right. 

Q. Mr. Newsom, did you ever inquire why 
you were assigned away from your station? 

A. Yes, sir, I did. 

Q. What did you learn? 

A. Not much. When I first inquired. 

Time after time after time I was eventually 
told that I was transferred by officers of 
the police department or by request of the 
police department. 

Q. So finally you got an answer to your 



question? 




A. Yes. 



Q. And you were told that you were 
transferred at the request of the Memphis 
Police Department? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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239 

A. That's right. 

Q. Have you thought about this over all 
these years? 

A. Well, yes. 

Q. Have you formed any opinion of your 
own about why you were transferred? 

A. Not really. I just know that it was 
very unusual and unnecessary. So it had to 
be done for some reason. I don't know the 
reason. 

Q. What happened to the other black fire 
officer? 

A. He was also detailed out. He was 
detailed out on the 3rd. He was working the 
3rd. I would have been working the 4th. He 
was detailed out to the airport on the 3rd, 




that night of the 3rd. 

Q. So on the night of the 3rd he was 
also detailed out? 

A. That's right. 

Q. So both black officers at this fire 
station were removed from duty? 

A. That's right. Not from duty but from 
that engine house. 

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Q. Erom duty at that station. I'm 
sorry. 

A. Right. 

Q. On the day around the time of the 
killing they were both absent? 

A. Right. 

MR. PEPPER: Thank you, Mr. 

Newsom. No further questions. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Mr. Newsom, were you fa mi liar with 
the area behind the rooming house where there 




is a lot of brush and trees growing back 
there all the time you worked the fire 
station, had you seen that, sir? 

A. Yes, sir. 

Q. Okay. Had you ever seen any activity 
in there of any one walking or any activity 
in there where there appeared to be someone 
was back there that you can recall? 

A. In the trees? 

Q. Yes, sir. 

A. Not that I can remember. 

Q. I believe you said now you resigned 

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from the Memphis Eire Department in May of 
1968 ? 

A. That's right. 

Q. And did this have anything to do with 
your resignation, the fact that you had been 
removed and you felt you had been wrongfully 
removed, did it have anything to do with your 



resignation? 




A. The fact that I was wrongfully moved 
didn't necessarily have anything to do with 
it. What had something to do with it was 
that due to the effects of Dr. King's 
assassination, my wife got — was ill, and 
she at that time was working for 
International Harvester. And the doctor at 
International Harvester recommended that she 
change sceneries. 

So she — they sent her to 
California, which left me with two children 
at home. I went and asked for a leave of 
absence. I was denied the leave of absence. 

So I chose to leave. 

Q. You had to resign in order to do what 
you wanted to do? 

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A. Right. To do what I needed to do, to 
do what my duty was to do. 

Q. Who was the person — was it 



Commissioner Holloman over the fire and 




police department? 

A. That's right. 

Q. At that time? Who denied your 
request for a leave of absence? Do you know 
who that person was? 

A. Chief Hamilton. 

MR. GARRISON: That's all. 

THE COURT: Anything further. 

MR. PEPPER: Yes. Just briefly, 

Your Honor. 

THE COURT: Go ahead. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Mr. Newsom, were you involved at all 
in any supportive activities of the 
sanitation workers' strike? 

A. Yes, sir, I was very active in the 
sanitation workers' strike. 

Q. What did you do? How did you attempt 
to support the striking workers? 

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A. Well, I'll tell you — I attended 
their meetings, supported them orally, also 
acted as a monitor when they had different 
demonstrations, et cetera, at which time I 
was under surveillance, I guess by the Fire 
Department, because they wrote reports on me 
like every other day as to my whereabouts and 
what I was doing. 

Q. And those were surveillance reports 
on you? 

A. Yes. 

Q. Is it fair to say that you were not 
trusted by the police and fire authorities in 
Memphis because of your activities? 

A. I guess you could say that. 

Q. Did anyone ever tell you that they 
thought you were untrustworthy or unreliable? 
A. No, sir. 

Q. But there was no secret made of your 
community activities? 

A. No, sir. But I never was disciplined 
for it. 

Q. Would there have been any reason for 




you to be disciplined for those activities? 

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A. Well, if it was wrong, then I figured 
I would have been. 

Q. But you fulfilled all of your work 
requirements as a fireman? 

A. I did. I never was late during the 
whole time I worked there. 

Q. When did you return to active duty at 
Eire Station Number 2? 

A. I didn't. 

Q. You never went back there? 

A. (Nodding.) No, sir. 

Q. So from the night of April 3rd when 
you were told to go away to another station, 
you never returned to that station? 

A. No, sir. 

MR. PEPPER: No further 
questions. Thank you very much. 

THE COURT: Mr. Garrison. 



MR. GARRISON: Your Honor, I 




have nothing further. 

THE COURT: All right, sir. You 

may stand down, Mr. Newsom. You are free to 

leave or you can remain in the courtroom. 

(Witness excused.) 

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THE COURT: Anyone need to take 
a comfort break? Mr. Garrison? 

MR. GARRISON: I'm okay today. 

Your Honor. I won't be the only one. 

THE COURT: Me, too. 

MR. PEPPER: Plaintiffs call 

Chief Norville Wallace to the stand, please. 

THE COURT: All right. 

NORVILLE WALLACE 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning. Chief Wallace. 



A. Good morning. 




Q. Thank you for coming this morning. 

Would you state your name and address for the 
reeord, please. 

A. Norville Wallaee, 2365 Perry Road, 

Memphis, Tennessee. 

Q. Chief Wallace, you were employed by 
the Memphis Fire Department for a number of 
years. Is that true? 

A. That's eorrect. 

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Q. What do you presently do? 

A. Loaf. Nothing. 

Q. Wonderful oceupation. Chief. How 
long did you work for the Eire Department? 

A. Thirty-seven years, six months. 

Q. Thirty seven years and six months. 

What did you do for the Eire Department and 
what was your - what ranks did you go 
through? 

A. I started out as a fire fighter, made 
lieutenant, eaptain, investigator, deputy 




fire marshal. When I left, I was assistant 
fire marshal. 

Q. Did you serve at a number of the 
stations around Memphis? 

A. Yes, several of them. 

Q. Which were the ones you served at? 

A. 8, 2, 24 and the Fire Prevention 
Bureau. 

Q. When, Chief Wallace, did you serve at 
the 2's? 

A. I first went there in 1966. 

Q. How long were you there during that 
period of time? 

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A. I left November of 1968. 

Q. So you were serving at the 2's at the 
time of the assassination of Martin Luther 
King? 

A. That's right. 

Q. Chief Wallace, would you just take a 



look at this drawing here. Do you recognize 




this area? 



A. Oh, yes. 

Q. Do you recognize Mulberry Street that 
ran behind the fire station? 

A. Uh-huh. 

Q. South Main Street that ran in front 
of it? 

A. Right. 

Q. Butler Avenue that ran to the south 
of it and, of course. Ruling Avenue at the 
north end of this particular block? 

A. Right. 

Q. Is this, to your recollection and 
current present recollection, is this where 
the Fire Station Number 2 was located? 

A. Yes. 

Q. It backed onto Mulberry and 

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overlooked the Lorraine Motel where Martin 
Luther King was staying? 



A. Right. 




Q. Chief Wallace, were you on duty at 
that fire station on the 4th of April, 1968? 

A. Was that the day before? 

Q. That was the day of the 4th when 
Martin Luther King was assassinated? 

A. I was on duty there until somewhere 
around eight p.m. that afternoon. 

Q. Were you - you were on duty, but 
were you in that station at that time? 

A. Right. 

Q. Were you at any time transferred out 
of that station? 

A. Yeah. About eight p.m. that night 
I'm saying eight p.m. It was night. 

Q. Were you transferred — let's 
understand this. Were you transferred out on 
eight p.m. the night of the killing or the 
night before the killing? 

A. The night before. 

Q. It was the night before the killing. 

And how were you transferred, how did you 

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receive your orders to be transferred out? 

A. Well, I received them from my 
captain. He said I was going to be detailed 
to 33's, which is out at the airport. I 
thought it was just for the rest of — the 
remainder of the day or night. That night we 
had an airplane run off the runway out there, 
and I thought somebody back in those days, 
you make a run like that, somebody gets 
suspended. So I thought I was filling in for 
somebody that got suspended. But once I 
got — and it was raining hard. You couldn't 
see to drive. 

Q. This was the night of April 3rd? 

A. Uh-huh. 

Q. It was raining hard. You were told 
by your captain to go out to the airport? 

A. Engine 33. 

Q. Sorry? 

A. Engine 33. 

Q. 33. Did he tell you this 



face-to-face? 




A. Yeah. 



Q. So you were sent away? 

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A. Right. 

Q. Did that surprise you? 

A. Well, not at the time it didn't. The 
surprises came later. 

Q. What were the surprises that came 
later? 

A. I ended up staying out there over a 
month. 

Q. Right. 

A. I just had the uniform I left there 
with, and the next day, well, I was told that 
morning when I got off at seven a.m. to 
report back there. So I left and was going 
back to home base to pick up some uniforms, 
and they wouldn't even let me off of Main 
Street. 

Q. Let me understand this. You were 
told at seven a.m. the next morning — 




A. To report back to 33's. 

Q. - to report back to the airport 
station? 

A. Right. 

Q. And how did you get that message? 

A. From the officer in charge of the 
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piece of equipment there. 

Q. Eace-to-face? 

A. Yes. 

Q. Again you came in to go to work? I'm 
trying to understand because you were on a 
different shift. Did you actually report to 
the 2's and were sent away again? 

A. No. I just went to the 2's to get a 
uniform. 

Q. You just went there to get uniforms. 

How did you actually learn that you were not 
to report to the 2's on your shift but to go 
back to the airport? 

A. I learned that that morning of the 



WEATHEREORD 




4th when I got off to come back the next 



workday — you know, it is an every-other-day 
thing. The reason I went back to the 2's 
was to get clean uniforms. 

Q. Who told you not to come to the 2's? 

A. The officer in charge of 33. 

Q. The officer in charge of 33 told you 
you were to report back out there and not go 
to the 2's on April 4th? 

A. That's right. 

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Q. So then you went to get some clean 
uniforms? 

A. Yes. 

Q. What happened? 

A. They wouldn't let me go to the engine 
house. They said couldn't anybody come up 
there. 

Q. What do you mean they wouldn't let 
you go? What did you do? Did you come up to 



the fire station? 




A. No. I think I got stopped at Butler 
and Main. 

Q. Somebody stopped you here? 

A. Uh-huh. 

Q. This corner here. Who was it that 
stopped you? 

A. They had it blocked off. Police had 
barricades and everything else. 

Q. This is — this was the next day you 
were reporting to work? 

A. Really that was the morning of the 
4th. 

Q. So you are saying on the morning of 
the 4th that they had some — 

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A. Well, it was the same day that Dr. 

King was assassinated. 

Q. They wouldn't let you into the 
station? 

A. They wouldn't let me up there to get 
uniforms. They wouldn't even let me up the 




street. 



Q. Chief Wallace, did you ever ask what 
this was all about? 

A. Yes. 

Q. What were you told? 

A. Told that I had been threatened. 

That was the reason I was out at the other 
engine house. 

Q. Oh, you were threatened? 

A. Uh-huh. 

Q. Why would you be threatened? 

A. I don't know. Of course, I was 
putting out fires, I guess. 

Q. So there was a threat on your life. 

I see. So they had to get you out of the 
area? 

A. I guess. That's what they done. 

They got me out of the area. 

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Q. How many black firemen were assigned 



to Number 2? 




A. Just two. 



Q. You and — 

A. Floyd Newsom on the other shift. 

Q. Floyd Newsom. We're learning that 
neither one of you were allowed to be on duty 
on that day? 

A. That's right. 

Q. You never received a satisfactory 
explanation? 

A. No. Never did. Not to this day. 

MR. PEPPER: Thank you, Chief 
Wallace. No further questions. 
CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Chief Wallace, you worked there at 
this station how long, sir? How long were 
you there altogether at this station? 

A. About two years. 

Q. Two years did you ever report back to 
work there after the assassination of Dr. 

King? 

A. Oh, yeah. 



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255 

Q. You did report back? 

A. Yeah. 

Q. Are you familiar with the area behind 
the rooming house that is raised up from the 
street where there is a lot of trees and 
bushes and things? 

A. Right. 

Q. Did you ever see anyone walking back 
in there, any activity back there all the 
time you worked there? 

A. When are you talking about? 

Q. Any time during the time of the 
assassination did you ever see anyone walking 
back in that area? 

A. Yeah. 

Q. Okay. More than once? 

A. Well, I'll put it like this: If it 
was ninety-nine policemen on duty, 
ninety-eight of them was out in that area. 

Q. In that brush area? 

A. In the area, in the engine house, all 




up and down that fence there. That fence had 
a tree line that would separate the city 
property from the area over there which had 

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heavy equipment parked in there. 

Q. This area on the map where it shows 
behind the rooming house where it shows the 
shaded area, that's the tree area. You saw 
police officers all in there? 

A. They was all parked over there 
looking on the ground and everything. 

MR. GARRISON: Okay. Thank 
you, sir. 

MR. PEPPER: No further 

questions. Your Honor. Thank you. Chief 

Wallace. 

THE COURT: Chief, I want to be 
sure that I understand your testimony. 

THE WITNESS: Yes, sir. 

THE COURT: Are you saying that 
Main Street was blocked off the morning of 




the day that Dr. King was killed. 

THE WITNESS: No, no. 

THE COURT: Oh. 

THE WITNESS: It was blocked off 
afterwards. I tried to get up there to get a 
uniform so I could have something clean to 
wear to work the next day. 

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THE COURT: So this was the day 
after Dr. King was killed. 

THE WITNESS: It was after, 
because I was in my car when I heard the 
news. I just made an effort to get by there 
to get some uniforms before the time to go to 
work the next morning. So it was in the 
afternoon late. 

THE COURT: But it was the day 
after he was killed. 

THE WITNESS: Right. 

MR. PEPPER: Your Honor has 



raised an interesting point of clarification. 




May I ask a further question? 

THE COURT: Yes. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Chief, Your Honor is clarifying your 
testimony. It is a very important point. 

What time would you have reported for work on 
the afternoon of the 4th? What time did your 
shift start? 

A. I wouldn't have reported on the 4th. 

Q. You were off on the 4th? 

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A. I worked the 3rd. So that would mean 
I would have reported back to work on the 
5th. 

Q. So you worked the 3rd - 

A. Mr. Newsom would have worked the 4th. 

Q. Mr. Newsom would have worked the 4th? 

A. Uh-huh. 

Q. You would have reported back on the 
5th. But you came by sometime in the evening 




of the 4th after the assassination to get 
your clothing? 

A. Right. 

Q. You weren't allowed anywhere into 
that area? 

A. Right. 

Q. And then on the 5th when you were to 
return to work you were told not to go back 
to your regular base, Number 2? 

A. I was told that the morning of the 
4th, though. 

Q. You were told that on the 4th, that 
you were not going to be allowed back there? 

A. Right. 

Q. How long had you served at Number 2 

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in uninterrupted fashion to that point? 

A. Well, my total time at the 2's was 
roughly two years. I went there in 1966. 

That was when the Eire Department first 



integrated. I left November — I made 




lieutenant in November of 1968 and I left and 



was assigned elsewhere. 

Q. When did you eventually go back to 
Number 2? 

A. About thirty days after the — 

Q. You stayed out there for a month? 

A. Uh-huh. 

Q. Were you surplused to requirements at 
that other station? 

A. Do what now? 

Q. Were you surplused to requirements? 

Were you needed at the other station? 

A. No. 

Q. You weren't needed? 

A. No. I was just an extra man. 

Q. You were an extra man. 

MR. PEPPER: No further 
questions. 

THE COURT: Mr. Garrison. 

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MR. GARRISON: Your Honor, I 




have nothing further. 

THE COURT: All right. Then you 
may stand down, sir. You can remain in the 
courtroom or you are free to leave. You 
should not discuss your testimony with the 
news media or anyone else. 

THE WITNESS: Okay. 

THE COURT: Let's take about 
fifteen minutes. 

(Jury out.) 

(Short recess.) 

THE COURT: Bring the jury out, 

Mr. James. 

(Jury in.) 

THE COURT: You may call your 
next witness, Mr. Pepper. 

MR. PEPPER: Yes, Your Honor. 

Plaintiffs call Mr. Leon Cohen. 

LEON COHEN 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 



BY MR. PEPPER: 




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Q. Good afternoon, Mr. Cohen. 

A. Good afternoon. 

Q. Thank you for coming down here today. 
A. You are welcome. 

Q. If you have any difficult any hearing 
me, would you please signify that so I can 
come closer. 

A. I certainly will. Thank you. 

Q. Would you state your name and address 
for the record, please. 

A. Leon Cohen. I reside at 1859 Poplar 
Pines Drive, Number 201, Memphis, 38119. 
THE COURT: Would you please 
spell your last name? 

THE WITNESS: COHEN. 

THE COURT: Thank you, sir. 

Q. (BY MR. PEPPER) Mr. Cohen, how long 
you have lived in the City of Memphis? 

A. Just under thirty years. 



Q. Where did you live before that? 




A. New York City. 

Q. What did you do in New York City? 

A. I was a member of the New York City 
Police Department. For twenty-three years. 

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Q. Did you retire from your position? 

A. Yes, I did. 

Q. When did you retire? 

A. In 1965. 

Q. And when did you come to Memphis? 

A. Shortly thereafter. 

Q. So you've been in Memphis sometime 
since 1965 to the present? 

A. Yes, sir. 

Q. It has been your home? 

A. Yes. 

Q. And when you came to Memphis, was it 
strictly as a retiree or did you become 
engaged in any activity? 

A. Eor a short time I worked as a 



special deputy at Juvenile Court. Later on I 




became director of security at Baptist 
Hospital in Memphis. 

Q. What year would you have become 
director of security at Baptist Hospital? 

A. I believe that was early in the 
1970's. 

Q. And what do you do today? 

A. I'm fully retired. 

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263 

Q. Now, in 1968 or before 1968 did you 
come to know a man named Walter Bailey? 

A. Yes, I did. 

Q. How did you come to meet Mr. Bailey? 

A. I was associated with another lad in 
the food business, and Mr. Bailey used to 
come to our market and make purchases for the 
motel. I got to know him very well. 

Q. How often would you say you saw 
Mr. Bailey in an average week or month? 

A. Two or three times a week. 



Q. And you became quite friendly with 




him? 



A. Yes, I did. 

Q. And also with his wife? 

A. No. Not his wife. I don't know his 
wife. I met her on several occasions but did 
not know her that well. Not as well as 
Walter Bailey. 

Q. Right. What did Mr. Bailey do for a 
living in 1968? 

A. He was the owner and the manager of 
the Lorraine Motel. 

Q. The Lorraine Motel, is that the same 

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264 

motel which Martin Euther King came to stay 
in Memphis on April 3rd, 1968? 

A. That's correct. 

Q. Were you familiar with the fact that 

Dr. King was coming to Memphis at that time? 

A. No. I was not. 

Q. When did you learn that Dr. King was 



in Memphis? 




A. I was on my way back from Nashville 
when I heard the news on the radio about his 
assassination. That's the first I knew of 
him being in Memphis. 

Q. That would have been on the 4th of 
April that you heard this news? 

A. Yes, sir. 

Q. When did you next see Mr. Walter 
Bailey? 

A. The very next morning. 

Q. On the 5th of April you went to see 
him? 

A. No. I went to take — to look over 
the scene at the Lorraine Motel, and I took 
some photographs while there. After I had 
taken photographs, I ran into Mr. Bailey. 

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265 

Q. What time of the morning would that 
have been? 

A. Between eight and nine a.m., as I 



best recall. 




Q. So it was quite early in the morning? 

A. Yes, sir. 

Q. Aetually where did you go to look 
over this seene? Where were you? What was 
your path? 

A. Well, I first went to the rooming 
house where the alleged shots had been fired 
and took some photographs from the lavatory 
of the rooming house aiming towards the 
Lorraine Motel. Then I went down and took 
photographs of the Lorraine Motel and 
vieinity. At that time I ran into 
Mr. Bailey. 

Q. And where did you meet Mr. Bailey? 

A. Right outside his office. 

Q. At the Lorraine Motel? 

A. At the Lorraine Motel. 

Q. Did you have a conversation with him? 

A. Yes, sir, I did. 

Q. And what — how did you perceive him 

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266 




at that time? Was he upset? How did you 
view him? 

A. Well, he seemed visibly upset about 
the occurrence. 

Q. Did you ask him any questions about 
the incident? 

A. I mentioned the terrible occurrence. 

He said in response, if they had listened to 
me, this wouldn't have happened. And he went 
on to explain that the previous night, he got 
a call from a member of Dr. King's group in 
Atlanta who wanted him to change the location 
of the room where Dr. King would be staying. 
And he was adamantly against that because he 
had provided security by the inner court for 
Dr. King, Dr. King's room. 

Q. Where did he want Dr. King to stay in 
his motel? 

A. There was an inner court behind the 
office which had very good security. In 
other words, it was not exposed to public 
view. Per se. 

Q. Right. Do you know if that would 




have been Room 201? 



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267 

A. Pardon? 

Q. Do you recall the number of that 
room? 

A. No, I don't. 

Q. But it was in an inner court area? 

A. Yes, sir. 

Q. And, instead, where did Mr. Bailey 

say he was being instructed to move Dr. King? 

A. The room — I don't recall the room 
number, but the room which Dr. King had 
occupied that night, that's the room that 
they wanted him to occupy. 

Q. A balcony room? 

A. Yes, sir. 

Q. Eor the record, that was Room 306, 
that balcony room. So Bailey said he was 
instructed to move Martin King from room — 
well, you didn't know the number, but from a 



courtyard room to a balcony room? 




A. Yes, sir. 



Q. Did he say he opposed that? 

A. He adamantly opposed it. 

Q. Did he say who in Dr. King's 
organization wanted him placed in that 

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exposed balcony room? 

A. He just mentioned that a member of 
Dr. King's group had told him, advised him, 
he wanted the room changed. He said he knew 
the person, but I did not question him as to 
who it was or his name or pedigree or 
whatever. 

Q. Did he indicate, when he spoke to 
you, if you can reflect very carefully, Mr. 

Cohen, did he use the pronoun "he" or "she"? 

A. He used the pronoun "he." 

Q. So some male member of Dr. King's 
Atlanta office instructed the room change? 

A. Yes, sir. 

Q. Once again, when did he receive that 




instruction? 



A. He said the previous night that Dr. 

King was supposed to stay there. 

Q. Prior to the arrival? 

A. Yes, sir. 

Q. Just moving on, when you were down in 
that area early that morning, did you then or 
had you previously had an opportunity or 
occasion to look at the area behind the 

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269 

rooming house? 

A. No. No, that was the first and last 
oceasion. 

Q. Did you look at the area that 
morning? 

A. After the assassination, yes, sir, I 
did. 

Q. How did it appear to you? 

A. Which area are you referring to? 

Q. I'm referring to the area behind the 
rooming house above the wall on Mulberry 




Street. I could show you - we have — can 
you see this? 

A. No, I can't. 

MR. GARRISON: It probably 

should be marked an exhibit. I don't think 

it has been marked as an exhibit. 

THE COURT: That's right. I 
intended to do so. Let's make that Exhibit 
1 . 

(The above-mentioned diagram was 
marked Exhibit 1.) 

Q. (BY MR. PEPPER) I'm asking you about 
this area here that is above the wall. There 

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is a wall here on Mulberry Street. I'm 
asking you about this area which is behind 
the rooming house. 

A. Uh-huh. 

Q. The rooming house has two wings. 

There is an alleyway. This is vacant area 
fenced in. I'm asking you about this. I 




just wondered if you had a chance to look at 
this. 

A. Yes, I did, that very same morning I 
had taken the photographs. 

Q. And how did it appear to you? What 
did you see? 

A. Well, it was kind of dense with 
underbrush. 

Q. Dense with underbrush? 

A. As a matter of fact, I went to the 
room which James Earl Ray had occupied and 
looked out the window which overlooks the 
alley and looked out the window intending to 
take some photographs, but I never did 
because they wouldn't have shown anything 
outside of the underbrush. 

Q. So it was thick underbrush is what 

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you are saying? 

A. Yes, sir. 



Q. Okay. 




MR. PEPPER: Thank you, 

Mr. Cohen. No further questions. 

THE WITNESS: You are welcome. 

MR. GARRISON: Your Honor, I 
don't have any questions of Mr. Cohen. 

THE COURT: All right, sir. You 

may stand down. You can remain in the 
courtroom or you are free to leave. I ask 
you not to discuss your testimony with anyone 
outside the courtroom. 

(Witness excused) 

MS. ATKINS-HIEE: With Your 
Honor's approval, we would like to read the 
sworn statement of James McCraw. Mr. McCraw 
is now deceased. He was deposed on October 
22nd. 

THE COURT: How lengthy is it? 

MS. ATKINS-HIEE: Your Honor, I 
only want to read experts from it. Actually, 
it is thirty pages. 

THE COURT: Thirty pages. But 

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you are not going to read it in content? 
MS. ATKINS-HILL: No, Your 
Honor. 

THE COURT: Okay. Let's go with 
it. 

MS. ATKINS-HILL: Question, by 
Attorney Pepper — 

THE COURT: Ladies and 
gentlemen, I explained to you before that 
this is what we call a deposition, which is 
testimony taken before the trial. It was 
sworn to at the time that it was given, so 
you many accept this as if that testimony 
were being given in the courtroom at this 
time. 

Go ahead. 

MS. ATKINS-HILL: Thank you, 
your Honor. 

Question: You were employed by a 
taxi company at the time? 

Answer: Yes, Yellow Cab Company. 



Question: How long had you been 




driving for the Yellow Cab Company? 

Answer: You got me. I drove for 

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Yellow for forty-one years. 

THE COURT: Would you please 
identify your page and lines as you go. 

MS. ATKINS-HILL: Page 3, your 
Honor, line 25. 

THE COURT: All right. Go 
ahead. 

MS. ATKINS-HILL: Where were you 
bom, Mr. MeCraw? 

Answer, top of page 4: Alabama. 

Question: How long have you lived 
in Memphis, Tennessee? 

Answer: Ever since 1945. 

Line 8, question: Right. Were you 

in the armed services during the Second World 

War? 

Answer: I was in the Air Eorce. I 



was on Guam and Saipan. 




Line 15 — line 13, question: How 
many years were you in the service? 

Answer: About five years. 

Question: When were you discharged? 

Answer: 1945. 

Question: What was the nature of 

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your discharge? 

Answer: Honorable discharge. 

Question: What did you do for a 
living during those years — let me back up. 

Eine 20, question: After the war, you then 
settled in Memphis, did you? 

Answer: Wound up here in 1946. 

Question: What did you do for a 
living during those years? 

Answer: I drove a taxicab. 

Top of page 5, line 1, question: So 
you have been a taxicab driver for a good 
number of years previous to the time in 



question? 




Answer: Yes. 



Question: Now, on April the 4th, 

1968, you were driving a cab and did you 
receive a call to pick up a passenger at 422 
and one half South Main Street? 

Answer: I sure did, old Charlie 
Stephens. 

Question, line 10: You received a 

call to pick up one Charles Stephens at 422 

and a half South Main. What time of day did 

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you receive this assignment? 

Answer: I don't really remember, 

but it wasn't more than a few minutes before 

Martin Luther King got shot. 

Question, line 19: So it was 

sometime before six p.m. on Thursday, April 

the 4th? 

Answer: That's right. 

Question: Would you say it was 
sometime before a quarter to six or was it 




after a quarter to six? 

Answer: It was after a quarter to 
six. 

Question: It was after a quarter to 
six? 

Answer, top of page 6: That was 
when left to get old Charlie and got to Main 
and it had come over the radio that Martin 
Luther King had been shot and I should stay 
out of there. 

Mr. Herman, who was the interpreter 
at the time — Mr. McCraw had a voice 
box. Mr. Herman: It came over the radio 
that Martin Luther King had got shot and stay 

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out of there. 

Question: About what time did 
you — you actually parked your car in front 
of the rooming house where Charlie Stephen 
was living sometime after a quarter to six or 



before six. Is that right? 




Answer: That's right. 

Question: Where did you park your 
car? 

Answer: Right out in front of it. 

And I was double parked. 

Question: Right out in front of the 
rooming house and you were double parked? 

Answer: The witness nodding 
affirmatively. 

Question: Right. What did you do 
then. 

Answer: I went upstairs to 
Charlie's room, and he was too drunk to get 
up. I turned the light off and left. I got 
in my cab. 

Question: Let's go question and 

answer, question and answer, as best we can. 

You went upstairs to Charlie Stephens' room? 

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The top of page 7. 



Answer: Right. 




Question: Do you recall which room 
this was? 

Answer: Well, it was the last room 

back on the right right next to the 

restroom. I don't remember the number. 

Question: Right. Which stairway 

did you go up? There were two stairways into 

the rooming house. 

Answer: Well, I went up the one 

right beside the restroom and went upstairs. 

That door stays open all night. 

Question: When you went up the 
stairway to approach Mr. Stephens' room, did 
you notice the bathroom? 

Answer: Yeah, it was right next 
door to his room. 

Question: Was the bathroom door 
open or closed? 

Answer: It was standing wide open. 

Question: The bathroom door was 
standing wide open and this again was 
sometime just prior to six o'clock? 



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278 

Answer: That's right. 

Question: Was there anyone in the 
bathroom? 

Answer: No. 

Question: Was the light on so far 
as you can remember? If you can't — 

Answer: I don't remember. 

Question: But you are stating that 
the bathroom door was wide open? 

Answer: Bathroom was wide open. 

Question: No one was inside? 

Answer: I sure didn't see nobody. 

Mr. Herman: The doors went out 
toward the hallway. 

Question: Did you knock on Charlie 
Stephens' door? 

Answer: I knocked on the door and 
somebody said, come in. I opened the door, 
and he was laying on the bed too drunk to get 
up. 



Question: He was lying on the bed 




and he was drunk, he couldn't get up? 

Answer: That's right. 

Question: Did he say anything to 

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279 

you? 

Answer: No. I just said, I ain't 
going to haul you. 

Line 19, question: Did you see 
anyone else in the room? 

Answer: Yeah, his girlfriend was at 
the foot of the bed, and she was drunk, too. 

Top of page 9, line 3. 

Question: So what did you do then? 

I just turned around and left. 

Question: Did you go down the same 
stairway that you came up? 

Answer: I went down them and walked 
outside and got in my car and drove. 

Question: Did you notice the 
bathroom on your way out? 



Answer: Well, the door was still 




open. 



Question: The door was still open? 

You are quite certain of that? 

Answer: Yeah, I'm quite sure of it. 

Question: Right. Mr. McCraw, when 
you were going into the rooming house to 
ascend the stairs to pick up Charlie 

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280 

Stephens, did you notice any automobiles 
parked in front? 

Answer: Yeah, Loyd lowers' car was 
parked in front. 

Mr. Herman: Loyd lowers' car? 

Answer: And then there was two 
Mustangs. 

Question: Two Mustangs? 

Answer: And a gray truck was parked 
there. 

Mr. Herman: Gray truck. 

Question by Dr. Pepper. It must 
have been some sort of delivery truck. 




Question: Top of page 10. When you 
were leaving and you were returning to your 
car, did you notice whether or not a Mustang 
was - had gone, had departed? 

Answer: I don't remember whether 
both of them was there or not. 

Page 11, line 3. 

Now, what did you do when you got 
into your car? I made an U-turn. I told the 
dispatcher I wouldn't haul him, he was too 
drunk. 

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281 

Mr. Herman: I made an U-tum, I 
told the dispatcher I wouldn't haul him 
because he was too drunk. 

Answer: And they tried to give me 
another order over in River Bluff, and I got 
to Main and Calhoun when they come over the 
radio that Martin Luther King had just got 
shot. I was to stay out of that area. 



Question: How long after you made 




your U-turn and headed away from the rooming 
house did you hear this bulletin? 

Answer: It couldn't have been over 
three minutes or four. It might have been — 

Mr. Herman: Say it again. 

The witness: It probably wasn't 
over — it couldn't have been over four 
minutes. It couldn't have been that long of 
a time. It might have been about two or 
three minutes. 

Page 12, line 2. 

Question: So how many minutes would 
it have been in your view from the time that 
you actually left the rooming house until you 
heard the bulletin? 

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282 

Answer: About four minutes. 

Question: About four minutes. What 
did you do then? 

Answer: Well, I just turned right 



on Calhoun and went on over to River Bluff 




and picked up my passenger and come back to 
the bus — I tried to get to the bus station, 
but I couldn't get in there because there was 
traffic stopped ever which way. 

Question: Right, Mr. McCraw. Let's 
move ahead to the next day. What time were 
you due to start work the next day? 

Answer: Two o'clock. 

Question: This is now Friday, April 
the 5th. Is that right? 

Answer: That's right. 

Question: And prior to going to 
work, what did you do? 

Answer: I was at Jim's Grill. 

Line 25, question: So you went to 
Jim's Grill? 

Page 13. 

Answer: To have a couple of beers. 

Question: What time? 

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283 



Answer: Twelve o'clock. 




Question: Around twelve o'clock 
prior to going to work? 

Answer: I went to work at two 
o'clock. 

Question: Who was in Jim's Grill at 
that time? 

Answer: I don't really know. I 
know Loyd lowers was behind the bar. 
Question: Loyd lowers? 

Answer: Was behind the bar, was 
behind the counter. 

Question: Was behind the counter? 

Answer: Witness nodding 
affirmatively. 

Question: Where did you stand or 
sit in the grill. 

Answer: Right in the corner of the 
grill. 

Then it became inaudible. 

Did you have a conversation with 
Loyd lowers? 

Answer: Yeah, he showed me the box 

the gun was in and showed me the gun. He put 




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284 

it back under the counter. 

Question: He showed you a box that 
a gun was in? 

Answer: Yeah. 

Question: Where was he keeping 
this? 

Answer: In under the counter. 

Question: Under the counter? 

Actually, right underneath on a shelf 
underneath the counter? 

Answer: Yeah. 

Question: Did you take the lid off 

of the box so that you could see that a gun 

was in it? 

Answer: Yeah, he showed me the 
gun. 

Question: Did he physically take it 
out from under the counter to show it to 
you? 



Answer: He take it right out to the 




edge of the counter and opened the lid up on 



it. 

Question: He took it right out to 

the edge of the counter and opened the lid. 

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285 

So you have no question what you saw? 

Answer: No, I sure don't. 

Question: What did Mr. lowers do 

with this gun event actually? Answer he took 

it to the police. 

Question: How do you know he turned 
it over to the police? 

Answer: He told me, and I believed 
him. 

Question: He told you he turned it 
over to the police. When did he tell you 
that he turned it over to the police? 

Answer: That night. 

Question: That evening? 

Answer: When I come back in about 



six or seven o'clock, he told me. 




Page 15. 

Question: So your statement is that 

you came back in around — sometime between 

six and seven o'clock and he was still there? 

Answer: Oh, yeah. He stayed there 
all night. 

Question: And he told you that he 
had turned this gun over to the police? 

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286 

Answer: That's right. 

Line 10. 

Question: Did you ever discuss the 
existence of this gun again with Mr. lowers? 

Answer: Well, he said — he told me 
a couple of times that he was scared. He 
said he wished he would have kept it. 

Page 18, line 9. 

Question: You told the Memphis 

Police Department investigators - you told 

Memphis Police Department detectives and you 



told the EBI about the existence of this 




gun? 



Answer: I did. 

Question: And you told the Justice 
Department investigators about the existence 
of this weapon? 

Answer: I sure did. 

Question: And what have — 

individually what have they said to you about 

this? 

Answer: Nothing much. All they 
said was that I shouldn't be talking to 
people about it and all that kind of crap. 

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287 

Mr. Herman: They told me that I 
shouldn't be talking to people about it and 
all that kind of crap. 

Page 19, line 7. 

After the guilty plea proceedings 
against James Earl Ray, were you contacted 
again by Memphis Police Department, Attorney 
General's investigators, EBI or anyone else? 




Answer: Oh, yeah, but it went on 
for two years. 

Question: It went on for two 

years? Who used to contact you after this? 

Answer: I forget the names, but it 

was the Justice Department, FBI, police 

department. 

Line 23. 

Yes, but did the FBI specifically 

interview you other times after James' guilty 

plea? 

Page 20. 

Answer: Oh, yes. 

Question: What did they say to you 
during these interviews? 

Answer: They just asked me the same 

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old questions all the time. 

Eine 8. 

Question: Did they ask you about 



the gun? 




Answer: They asked me everything. 

Question: Did they advise you not 
to speak with anyone else? 

Answer: They told me not to, but I 
didn't pay them no attention. 

Line 18. 

Question: And how long did this go 
on after James Earl Ray's guilty plea? 

Answer: Two or three, four years. 

Every time there was a trial or something or 
started to have a trial here, they would 
come. 

Page 21, line 9. 

Question: Would they come out to 
visit you at your home? 

Answer: That's the only place where 
they could catch me. They would tell me at 
the cab company they was looking for me. I 
said, bye. I'm gone. I worked for myself, 
they couldn't find me. 

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289 




Line 18. 



Question: Mr. McCraw, do you know 

the names of the FBI agents who would come 

out to visit you? 

Answer: No. All I know is they was 
out of Washington. 

Question: They were out of 
Washington? You don't know any of the agents 
from the local office who would come to visit 
you? 

Answer: Well, I don't remember his 
name, but me and him were — (Inaudible) him 
pretty good. He was always begging me for 
information. I said, man, I don't know 
nothing. 

Line 5, the witness: The one, the 
FBI, the one that was over the FBI here. 

Mr. Herman: The one that was over 
the FBI here? 

Line 9, Dr. Pepper: Jenson. 

Question: Do you recall the name of 
Jenson? 



Line 12. 




Answer: That sounds awful 



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fa mi liar. 

Question: Mr. McCraw, as we 
conclude, I'm going to just simply ask you 
some very specific questions just for the 
purpose of clarification of what you observed 
on the date of April the 4th, 1968. 

When you approached Charles 
Stephens' room to pick him up that day, your 
statement is that the bathroom door was 
open. Is that right? 

Answer: That's right. 

Question: And that the bathroom was 
unoccupied. Is that right? 

Answer: There was nobody in it. 

Question: There was nobody in it? 

Answer: Right. 

Question: And that when you saw 
Charles Stephens, it is your view that he was 



lying on the bed and appeared to be 




intoxicated? 



Page 23, line 2. 

Answer: He was drunk before I ever 
went to him. 

Question: On this basis you decided 

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not to haul him? 

Answer: That's right. When he 

couldn't get up and walk out of that room, I 

knowed (sic) I wasn't hauling him. 

Question: Right. Had you ever 
driven him before when he was drunk? 

Answer: Many times. 

Question: On those occasions was he 
as drunk as he was that day? 

Answer: No. 

Question: Right. Now, the next day 
when you went into Loyd lowers' Jim's Grill 
sometime around noon and you went up to the 
bar and you were conversing with him in that 
bar, your statement is that Loyd lowers 




pulled a box out from under the counter, 
lifted the lid and showed you a weapon. Is 
that right? 

Answer: That's right. 

Question: The weapon was a rifle? 

Answer: It was a rifle. 

Question: Did it have a telescopic 
sight on it or do you recall? 

Answer: It was laying on the side. 

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It wasn't on it, but it was in the box. 

Top of page 24, line 4. 

Question: It wasn't on it but it 
was in the box? 

Answer: Yeah. 

Line 13. 

Question: This was within a very 
few minutes of you having noticed the 
bathroom being empty? 

Answer: Three or four minutes. 



Question: Three or four minutes you 




noticed the bathroom previously, the bathroom 
had been empty? 

Answer: (Witness nodding 
affirmatively.) 

MS. ATKINS-HILL: That's the end 
of the excerpts. 

THE COURT: We're going to take 

our lunch break and resume at two o'clock, 

ladies and gentlemen. 

(Jury out.) 

(Lunch recess.) 

THE COURT: Bring the jury out, 
please, sir. 

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293 

THE SHERIEE: Yes, sir. 

(Jury in.) 

THE COURT: All right. You may 
call your next witness, Mr. Pepper. 

MR. PEPPER: Yes, Your Honor. 

Your Honor, the plaintiffs call Captain Jerry 



Williams. Captain Jerry Williams. 




Let's call Lieutenant Ed Redditt. 

EDWARD E. REDDITT 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Detective Redditt. 

A. Good afternoon. 

Q. Thank you very much for coming here 
this afternoon. It is a pleasure to see you 
every few years. Would you state your name 
and address for the record, please. 

A. My name is Edward E. Redditt, 370 
Evergreen, Somerville, Tennessee. 

Q. Detective Redditt, what do you 
presently do for a living? 

A. As part of my volunteerism. I'm the 

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head high school track and field and 
cross-country coach for boys and girls and 



elementary school. 




Q. Is that a full-time professional 
activity for you? 

A. Full-time, and I enjoy every bit of 
it. 

Q. And how long have you lived up in 
Fayette County? 

A. Since 1986. 

Q. Before that where did you reside? 

A. I resided in Bartlett. 

Q. Is there a time when you were 
employed by the Memphis Police Department? 

A. 1593 South Wellington. 

Q. How long did you serve as an officer 
with the Memphis Police Department? 

A. Ten and a half years. 

Q. Can you tell us the various positions 
that you held in the department from the time 
that you entered until the time that you 
left? 

A. I worked as one of the first persons 
in the detention area. I worked as a desk 

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295 



lieutenant. I worked in various special 
units, such as vice squad, homicide, 
burglary, also working in the areas of the 
sanitation department, working to find out 
what was going on there, from that to the 
juvenile bureau, from that to the police 
community relations. 

Q. When did you become a police 
community relations officer? 

A. 1965. 

Q. Were you still a police community 
relations officer in 1968 at the time of the 
assassination of Martin Luther King? 

A. Yes. 

Q. As a police community relations 
officer, what were your duties? 

A. Well, when we started there, there 
was nothing written about it, so we was to 
develop our own methods and ways of dealing 
with the community. Our idea was how do we 
get the community to be responsive and 



understand the police workings. 




I had a center at 1310 Florida 



Street where I worked the kids and we 

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designed the first daycare center that met 
all the qualifications for community health 
and library and what MIEA is today, getting 
food from various entities. 

Q. At the time of the sanitation 
workers' strike, what — were you still 
working with the community? Were you still 
involved with the community? How did you 
relate to the events that were going on then? 

A. Well, I was somewhat pulled out to 
kind of survey or serve — I call it 
surveillance. I was given kind of carte 
blanche to do what I thought was necessary. 

I think the whole background idea was to 
observe or to find out anyone who may be 
coming into the city to disrupt it. 

One incident. Chief MacDonald asked 



me to be sure to watch for a number of 




out-of-town license plates, because 



Chattanooga was known for dynamiting and this 
type thing. 

Q. Were you actually secunded to the 
intelligence bureau at that point in time? 

A. I guess I was kind of if you want to 

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297 

call it TDY to that entity. 

Q. Right. You were assigned to 
intelligence department duties? 

A. Right. 

Q. Did that give you any problems with 
the relationships you had in the community, 
because you were working with the community 
and now moving into more or less 
intelligence, surveillance activities? 

A. I didn't see any conflict. Everybody 
knew me and I knew everybody. So there was 
no conflict. Again, the role that I viewed 
was, one, trying to again protect the 
community against anything that may be 




occurring to disrupt anything. 

Q. What was your actual rank at this 
time? 

A. I was still a detective. 

Q. You were a detective. Did there come 
a time when you were assigned to a specific 
detail, a surveillance detail, at the fire 
station. Fire Station Number 2, on South Main 
Street, between South Main and Mulberry 
Street? 

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298 

A. Originally it wasn't an assignment. 

It was one that I decided upon and that I had 
noticed something that was unusual once upon 
arriving at the Lorraine with Dr. King. 

If I may continue. Inspector Smith 
was in charge of security. When he asked me, 
he said, well, you may go now. I noticed 
there was nobody else there. In the past 
when we were assigned to Dr. King, we stayed 
with him, guarded him up the steps, down the 




steps, and stayed with him. I saw nobody 
with him. 

So I went aeross the street and 

asked the Fire Department eould we come in 

and observe from the rear, which we did. 

Q. Who accompanied you in that — 

A. Willie B. Richmond. 

Q. What was his rank at that time? 

A. As far as I know, patrolman. 

Q. Which section of the department — to 
which section was he assigned? Where did he 
work? 

A. He was assigned with me at the time. 

I didn't know where he came from. 

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299 

Q. So he worked with you. You didn't 
know if he was from the intelligence section 
or not? 

A. No. 

Q. So the two of you conducted this 
oversight, this surveillance activity, of the 




Lorraine Motel? 



A. Yes. 

Q. When did you take up your positions 
there? 

A. That was the same afternoon that we 
had brought Dr. King in. 

Q. That would have been the 3rd of 
April? 

A. Right. 

Q. So you took up position in the fire 
station on the 3rd of April and from the rear 
of the fire station you were able to see the 
Lorraine Motel quite clearly? 

A. Right. 

Q. Do you recall how late you worked on 
that afternoon? 

A. I really don't, no, sir. 

Q. At some point, though, at the end of 

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the day and the early evening was the 



surveillance discontinued? 




A. Yes. 



Q. Did you return with officer Richmond 
the next day? 

A. The next day we returned. 

Q. At what time did you start your 
surveillance activities the next day? 

A. I don't recall the time. It was 
early, I'm sure. I don't know exactly. 

Q. You started in the morning? 

A. Oh, yes. 

Q. In the course of that surveillance, 

did you notice anything unusual going on over 

at the Lorraine? 

A. On one occasion again, I don't know 
what day or what time it was, we saw the 
Invaders leaving one of the rooms on one 
occasion. We recognized Reverend Orange 
going in at one time. 

Q. You saw various activity happening or 
taking place? 

A. Right. 

Q. Do you recall if there were any 



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out-of-state license plates? 

A. The only one that I recognized was 
the one that Reverend Orange was driving. 

Q. Okay. How long did you remain on 
duty in the course of that day? 

A. As far as time goes, I really 
don't — 

Q. It is hard to reconstruct that, isn't 
it? But fairly late in that afternoon is it 
fair to say your activities were called to a 
halt? You were removed from your — is that 
fair too say that you were removed at some 
point fairly late in the afternoon? 

A. Yes. 

Q. Would you describe how that came 
about, just how you were removed and did you 
have any advance notice of it or what 
happened? 

A. Well, that morning I received a phone 
call on the pay phone in the fire station, 
and the voice on the other end was saying 




that we're going to kill you. That's about 
the size of that. I'd go back to where I 
was. Later on that day Lieutenant Arkin came 

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by and stated I was needed at the 
headquarters. I said, for what? He said, 
well, director wants to see you. 

Q. So late in the afternoon Eieutenant 
Arkin from the intelligence division came by 
the fire station? 

A. Came down to get me. 

Q. He came down to get you? 

A. Right. 

Q. He said you are needed down at 
central headquarters? 

A. Right. 

Q. Did you have threats on your life 
from time to time? 

A. That's part of a policeman's job. 

Q. Did you take them seriously? 

A. Not really. If you do, you need to 




resign. That's the way I felt. 

Q. So it wasn't that unusual that you 
would get that kind of — have that kind of 
threat? 

A. Nothing unusual. 

Q. Okay. Now, who was with Lieutenant 
Arkin when he carried you down to central 

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headquarters? 

A. He was alone. 

Q. He was alone. Was he an officer to 
whom you reported on a regular basis from 
this assignment, as a result of this 
assignment? 

A. He wasn't one of the ones I would 
directly report to. He worked in 
intelligence. 

Q. Okay. When you got down to central 
headquarters, where did you go? 

A. We went to the conference room. 



Q. And who was in the conference room? 




A. There were a group of men, I would 
assume many of them law enforcement. Once we 
arrived and got inside, Director Holloman 
stated that there was a man there who had 
just flown in and there was a contract on my 
life and that they had prepared to send my 
family to safety and that I was to go home. 

At that point I told him that — he knew as 
well as I did that you couldn't stop a 
contract and it was best for me to go back to 
where I was and take care of my family. 

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Q. What did Director Holloman say to 
that? 

A. We had a brief argumentation. He 
said, well, you going home anyway, it is my 
job to protect you, so. Lieutenant Arkin, 
take him home. 

Q. He didn't want to hear about your 
objections? 



A. No. 




Q. Reflect carefully, Detective Redditt, 
if you can. Who were the — how many people 
were in that conference room and what was the 
nature of their positions, so far as you 
could see? 

A. When you get the word that someone 
has a contract on you, you probably lose all 
visions of what is going on around you. You 
only know the room is full. In fact, I can't 
even remember the face of the guy that was 
standing there. I know he had on a checkered 
coat and dark hair. That's about the only 
thing I can remember about the guy that was 
supposed to have flown in at that point. 

Q. The man who relayed the information? 

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A. Right. 

Q. But beyond him did you notice any 
military personnel in that room? 

A. Well, if there was, they were not in 



uniform. But the room was full. 




Q. How do you know they were Army 
personnel? 

A. I said they may have been. They 

wasn't in uniform. They may have been in the 

room. 

Q. Okay. Do you recall who the person 
was who conveyed this threat, the information 
about the threat on you? 

A. I probably would if I heard the name 
again. At that time I kind of — like I say, 

I lost all vision and my mind was wondering 
about — more so about my family than 
anything else that the point. 

Q. Did you learn where the threat came 
from, where this information came from? 

A. A couple of years ago. 

Q. Now, would this person who conveyed 
the threat, was he a local person? 

A. I never seen him before. They say he 

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had flown in from the Washington D.C. and 




said he was from the Secret Service Division. 



Q. He had flown in from Washington and 
he was from the Secret Service Division. He 
was the one who told — brought the 
information about the threat on your life? 

A. Right. 

Q. The reason why they removed you? 

A. That's correct. 

Q. If I advice you that the records have 
indicated that the person was a man named 
Phillip Manuel, would that name ring a bell 
with you? 

A. Manual sounds familiar. 

Q. What happened next? 

A. We proceeded to my home in his 
cruiser. I was waiting for the arrival of 
those persons who were supposed to be my 
security. While waiting there, the radio 
blasted that Dr. King had been shot. I 
jumped out of the car and ran in the house, 
because my mother-in-law was in the bed sick 
and I didn't want her to hear the news. 



As I got inside the house, she 




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screamed out, Lord, take me, don't take Dr. 
King, because we had forgot she had a small 
transistor radio under her pillow. In fact, 
she died a week later. 

Q. Who was sitting in the car with you 
at the time? 

A. Lieutenant Arkin. 

Q. By himself? 

A. By himself. 

Q. Had you just pulled up when the 
news — 

A. We had been there a brief time while 
we was waiting on the guys to come. 

Q. You had been there for a brief time 
and were just waiting. What happened about 
this threat? Did you go back to work? 

A. I called about every hour to come 
back to work. Thursday, Eriday, Saturday. 
Einally Sunday they said you can come on 
back. I never heard anything else about it. 




Q. You never heard anything else about 
the threat? 

A. No. 

Q. No one ever mentioned it to you 

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again? 

A. Not again until two years ago. 

Q. But did you ever question officially 
anyone about this threat? 

A. No. Someone mentioned, oh, it wasn't 
you anyone, it was somebody in Knoxville, 
Tennessee, that they had a contract on. 

Q. It wasn't you, it was a mistaken 
identity? 

A. Right. 

Q. It was someone in Knoxville, 

Tennessee? 

A. Then I heard again it was somebody in 
St. Louis. 

Q. Now, detective, you've had a lot of 
years to think about this. Have you formed 



, WEATHEREORD 




any opinion about your removal from your post 
on that afternoon of the murder? 

A. Well, yes. I had a doubt about my 
partner in the first place. It is unusual 
getting somebody that you don't know anything 
about to be assigned to you. 

Number two, in that day there was 

two men always worked together. Whatever 

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happened to one man would happen to the 
other. So if you got a threat, both partners 
got a threat. 

I always wondered what happened to 
him, why wasn't he removed, why wasn't he 
taken a long with me. I never got that 
answer. That has bothered me. Again, I felt 
very strongly. 

In fact, I told a couple of friends 

of mine during that time that he was there to 

spy on me in the first place. 

Q. I see. Do you think you were removed 




because you had certain ties and 
relationships in the community and perhaps 
were not trusted? 

A. No. I think because I knew most of 
the people in the community, that I may have 
recognized someone that I shouldn't have 
recognized. Or it has been discounted that 
when you are with a partner, you make a 
decision on what you are going to do if 
certain things occur. 

We had discussed briefly that he 
would remain at the window if something 

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occurred and I would go out the door because 
I was much faster, and if someone was 
running, I could catch them or whatever. So 
that was another thought we had in mind for 
doing that. 

MR. PEPPER: Okay. No further 
questions hat this time. 



THE COURT: All right. 




Cross-examine. 



CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Officer Redditt, I've talked to you 
about this some time ago. I don't have too 
many questions to ask you. But during the 
time that you were there at the fire station, 
you are aware that behind the rooming house 
there were certain brush area and trees back 
there? 

A. Yes. 

Q. Did you ever see any activity in 
there where anyone was coming or going or 
walking back in that area? 

A. You could not really get — it was so 
grown-up at that time, it is on top of that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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hill there, it is possible somebody had come 
up from the Ruling side and gotten in there, 
it is possible. 



I think all my focus was really on 




basically Mulberry Street itself and toward 
the hotel itself. I very seldom looked into 
that direction. 

Q. Let me ask you, when you were taken 
down by Lieutenant Arkin to the headquarters, 

Director Holloman was there with some other 
personnel? 

A. Yes. 

Q. Detective Redditt, did you know that 
Director Holloman denied you were coming down 
there until you actually arrived, were you 
aware of that? 

A. That's what I had heard. 

Q. Did it seem to you he was surprised 
when you got there? 

A. No. It seemed like he was waiting 
for me to get there, because when I walked 
in, he pointed to the man standing there. 

Q. You've been told since then that he 
didn't know you were coming until you 

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312 




actually got there? 

A. I've heard that. 

Q. You've said I believe after you 
learned that Dr. King had been assassinated 
that Lieutenant Arkin was there with you. 
Did he stay with you any more after that or 
did he leave? 

A. He left after Melvin Burgess and 
Emmett Winters got there. 

Q. How long did Director Burgess stay 
there with you? 

A. They stayed there during I guess — 
again, I guess I did more looking out the 
window than they did, I imagine. 

Q. Did they stay the rest of the night? 

A. Yes. 

Q. They did. I believe when you and I 
talked the first time, you told me something 
had happened that was just hard for you to 
take after this occurrence. Am I correct, 
sir, personally? 

A. I missed you. 

Q. I believe you told me it was hard for 




you to understand what had happened and hard 

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for you to absorb this personally. 

A. Yes. It is very difficult. 

MR. GARRISON: That's all. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Just a word about the bushes in the 
area that counsel asked you. Could you 
describe that brush area as you recall it 
around that point in time? 

A. There is — on Mulberry I guess you 
could call it behind the buildings on Main 
Street there is a high bank above the 
sidewalk. And on that were a group of trees 
that were there at that time. 

Q. If you would cast your eyes over 
here. Can you see this fairly well? 

A. Yes. 

Q. Do you see Mulberry Street here? 



A. Yes. 




Q. Do you see the sidewalk here? 

A. Yes. 

Q. Is this the area? 

A. That's the area there. 

Q. So it is behind Jim's Grill and the 
DANIEL, DILLINGER, DOMINSKI, R 
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rooming house? 

A. Right. 

Q. This parking area and just north of 
the fire station? 

A. Yes. 

Q. So this is the area that you are 
talking about? 

A. That's the area I'm speaking of this. 

Q. This green area? 

A. Yes. 

Q. What was the nature of the shrubbery 
and the bushes there? 

A. Again, they were very — the bank is 
high and the trees are there. 

Q. The bushes themselves were high? 



WEATHEREORD 




A. Right. 

Q. And thick? 

A. Right. 

MR. PEPPER: No further 
questions. Thank you. 

THE COURT: All right. If you 
would call your next witness. 

(Witness excused). 

MR. PEPPER: Now we will call 

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Captain Jerry Williams. 

JERRY WIEEIAMS 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Captain Williams? 

A. How do you do, sir. 

Q. It is good to see you again and thank 
you very much for coming down here. 



A. My pleasure. 




Q. Would you please for the record tell 
us your full name and address? 

A. My name is Jerry Dave Williams. I 

live at 1095 Wild Leaf Cove, Memphis, Shelby 

County. 

Q. What is your current occupation. 

Captain Williams? 

A. Well, I'm involved currently in real 
estate. 

Q. Have you previously been a member of 
the Memphis Police Department? 

A. I sure have. 

Q. How long were you a serving officer? 

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A. Thirty-one years. 

Q. Erom when to when? 

A. January of 1949 until January of 
1980. 

Q. That's a long tour of duty. Captain. 

A. About twenty years ago I retired. 

Q. Yes. Could you tell us the various 




positions that you've held and the various 
tasks that you have filled as a serving 
officer? 

A. Well, initially I started off walking 
Beale Street. I then was one of the first 
black officers that were assigned, all of us 
to Beale Street. 

After several years we went into a 
squad car and I worked the Orange Mound area, 
that's East Memphis, Park and Airways, and 
from there I was promoted up to fourteen 
years to the detective bureau where I served 
several years in the homicide bureau 
investigating murders, rapes, aggravated 
assaults. 

Then I was transferred to vice and 
narcotics, worked two or three years there. 

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Then I worked the larceny bureau. Then after 
I was made captain, I was assigned to the 



West Precinct. 




Q. When were you promoted to captain? 

A. 1979. 

Q. What were you doing in 1967, 1968? 

A. At that time I was assigned to 
homicide and I would be in charge of security 
for the police department whenever we would 
have celebrities or some dignitaries to come 
to Memphis. 

Q. So you were in charge of that 
security operation with respect to 
dignitaries when they came to Memphis? 

A. Yes. 

Q. And that would be in 1967, 1968? 

A. Yes, sir. 

Q. That period of time? 

A. Yes. 

Q. Were you on that detail earlier as 
well? 

A. Well, about 1967, until around 1971, 
most of the dignitaries who would come to 
Memphis, the police would have a security 

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detail to make sure that their safety would 
be taken care of while they were here in 
Memphis. 

Q. Right. But were you on a special 
security detail as early as the mid-1960's, 
in 1965 or 1966? 

A. I believe my assignment to security 
was probably 1966. We're going back over 
thirty years. 

Q. That's all right. 

A. To my memory, around July of 1966, 
which involved my first security assignment, 
which was James Meredith when he came to 
Memphis on his walk to Mississippi. 

Q. Captain Williams, were you assigned 
to provide security for Dr. Martin Luther 
King whenever he came to Memphis? 

A. Well, for the first two times that he 
came, to my knowledge, I was assigned. On 
the third time I was not. 

Q. Well, Dr. King, of course, didn't 
come to Memphis — didn't visit the city a 




great number of times, anyway. 

A. Not to my knowledge. 

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Q. But when he did come, when you are 
saying the first two times, what year are we 
talking about? Are we talking about the year 
of the assassination? 

A. The year of the assassination, 1968. 

Q. And tell us how you would put 
together — how that security unit that you 
headed would be put together. 

A. To the best of my knowledge Reverend 
Ben Hooks was a member of SCLC, and he was on 
the board I believe of SCLC. The SCLC office 
headquarters in Atlanta would notify Reverend 
Ben Hooks, and he, in turn, would call the 
police department to ask for security. 

Inspector Don Smith was the overall 
security supervisor. He would call me and 
ask me to select a group of officers to serve 



for security on those occasions. 




Q. How large a team would you put 



together? 

A. Possibly nine. I would have about 
six detectives, three uniformed men, and if 
there would be a woman in the entourage, I 
would have a female officer. 

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Q. And would you stay with Dr. King 
throughout his visit when he was in Memphis? 

A. Yes, sir. 

Q. How would you protect him? How would 
you provide security for him? 

A. Well, we would get his itinerary when 
he would come to Memphis. We would meet him 
at the airport when he landed, we would be 
right with him. We would follow him to his 
hotel. If he would go to church first, we 
would lead the detail to the church. 

Whenever these meetings were over 
with, we would find out what hotel he would 
be staying at. We would never advise him to 




stay at the Lorraine because we couldn't 
furnish proper security there. 

Q. We understand he used to visit the 
Lorraine for meetings but never stayed there 
overnight. 

A. Yes, sir. 

Q. Where did he stay overnight when he 
was in Memphis on the times when you were 
protecting him? 

A. On one occasion he stayed at the 

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Ri Vermont. It was the Ri Vermont on 
Riverside, the Rivermont Hotel. I think it 
has changed now. But that's where he stayed. 

Q. Your unit would protect him and 
provide security there? 

A. Yes, sir. We would go in and check 
the rooms, make sure the telephone wasn't 
bugged, check under the beds, check 
everywhere. Then I would assign two officers 



on the outside of his door. We would take 




turns about every two hours. We would do 
that all night long. 

Q. Now, on Dr. King's last visit to 
Memphis, he arrived on the 3rd of April, 

Wednesday, the 3rd of April, 1968. Were you 
asked to form this usual security unit to 
protect him? 

A. No, sir. 

Q. You were not? 

A. I was not. 

Q. Why were you not asked to perform 
that security unit on his last visit to 
Memphis? 

A. Sir, I don't know. I was just told 

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that somebody else would handle the 
assignment. 

Q. Are you aware of any security that 
was provided for him during that visit? 

A. To the best of my knowledge, there 



were two other officers from my office, the 




homicide office, that was assigned. 



Q. How large a unit was provided? 

A. I don't know. I just know of the two 
officers who left homicide on the assignment. 

Q. Were they black officers? 

A. They were white officers. 

Q. They were white officers. But your 
black unit — this security unit was a unit 
of black homicide officers, wasn't it? 

A. Sir, I just don't know. I know I 
wasn't assigned on that particular day I 
worked in the office. 

Q. You were not assigned on that 
particular day. But the usual unit that you 
formed consisted of whom? 

A. Well, Wendell Robinson, William 
Harris, and I would have some uniformed men. 

Some of them are no longer on the force. But 

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three uniformed men that I could rely on, I 
could call on for their assistance. And I 




had four detectives. 



Usually I would have — I don't know 
if - as I said, it has been a long time. I 
just can't name those people. But I would 
have four detectives, three uniformed men and 
one female officer, to the best of my 
knowledge. 

Q. Were they all black officers? 

A. All black officers. 

Q. And the last time he visited, none of 
that unit, no one on that unit, certainly 
under your command, anyway, was assigned? 
A. No, sir, they were not assigned, to 
my knowledge. 

Q. Did you ever ask any questions as to 
why you weren't assigned? 

A. Well, I did later on after my 
retirement. I had a talk with my inspector, 
who also had retired. I felt he had no 
reason to hold anything from me. I asked 
him. He said that we frankly wasn't asked to 
handle the security. I asked the question. 



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we wasn't asked by whom? He said by somebody 
in Dr. King's entourage. That's the way it 
was. That's the way he left it. 

Q. Were you satisfied with that answer? 

A. Well, it was an answer. I hadn't 
gotten anything before that time. That was 
some twenty years later. No, eighteen years, 
at least, afterwards. We happened to have a 
conversation about it. I was curious as to 
why, from day one, I was taken off. That 
bothered me, even to this day. 

Q. Particularly since he was 
assassinated on that visit? 

A. That's right. 

Q. But after the assassination, in the 
aftermath of the assassination while you were 
still a serving officer, did you ever raise 
that question with anybody inside the 
department? 

A. No. 



Q. You didn't at that time? 




A. Ug-huh. We talked amongst ourselves, 
we black officers, and we had different 
versions as to why, but nobody knew why, you 

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know. 

Q. You just know that it didn't happen? 

A. You have to realize at that time 
thirty-one years ago, maybe — Memphis was 
very segregated. There was a lot of 
hostility here. The situation has changed 
dramatically since then. Black people was 
only talking to black people, only — white 
people only talking to white people. There 
was a lot of hostility here. 

You could not — I remember just 

like it was yesterday when Dr. King was 

assassinated. Because I went to the scene. 

I took the camera down there to make 
pictures. I wasn't on the assignment, but 
the inspector had asked me to bring the 



camera down to make the pictures. 




I brought the camera down so the 
photographer for the police department could 
make the pictures at the scene. And it seems 
to me I could see the hostility, the hatred, 
on a lot of the officers faces. 

When we left, when I left the scene 

from where Dr. King was assassinated, I went 

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immediately out to St. Joseph Hospital. And 
there I saw his body lying on the slab in the 
emergency room. The doctors had tried all 
they could to massage his heart, get his 
heart back, but he had been cut open. We 
could see the damage that had been done by 
the shot that he received. 

But I mention that it seems to me, 
as I said, it seems to me a long time ago, 
there was some at least a hundred police 
officers who was lined up on the street from 
the police department north to St. Joseph 
Hospital where Dr. King's body was carried. 




and only one officer came up to me and 
expressed any type of sympathy, a white 
officer, that is. I never will forget that. 

It did make me feel a lot better. 

But I don't know why we were pulled 
off. I just know — I don't know if the 
answer the inspector has gave me was a true 
answer or not. I just know that we wasn't 
working on that day on the assignment. 

Q. And you were not in a position as an 
officer in the department as a black officer 

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to really be able to ask anybody and require 
an answer, were you? 

A. That's correct. 

MR. PEPPER: Nothing further. 

Your Honor. I pass the witness. 

MR. GARRISON: Your Honor, I 

have no questions of Captain Williams. Thank 

you. 



(Witness excused.) 




(Bench conference outside the 



presence of the court reporter.) 

MR. PEPPER: Your Honor, at 
point in the proceedings plaintiff would like 
to read into the record two interview 
statements, one conducted by a Eederal Bureau 
of Investigation officer and the other 
conducted by a Memphis Police Department 
officer of a man we believe is long deceased. 

I've tried to find him for over twenty years, 
named Solomon Jones, who was Dr. King's 
chauffeur at the time and was present at the 
scene when Dr. King was assassinated, with 
the Court's permission. 

THE COURT: All right, sir. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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MR. PEPPER: This is what is 
known as an EBI 302. It is a statement that 
EBI agents take when they interview 
witnesses. They fill it out and sign it. 

The signing officer is Special Agent 




Eugene G. Douglass, with two S's, and it was 
taken on April 12th, 1968. 

Mr. Solomon Jones, Jr., 374 Vance 
Avenue, Memphis. He was employed as a 
funeral director for R. S. Lewis & Sons at 
the same address. They interviewed him at 
the Lorraine Motel, 406 Mulberry, Memphis. 

Mr. Jones advised he had been 

serving as a chauffeur for Dr. Martin Luther 

King, Jr., on Dr. King's last trip to 

Memphis. He believed he had started driving 

for Dr. King on April 1, 1968. He stated 

that the Reverend James Lawson of Memphis had 

requested him to drive Dr. King while he was 

in Memphis. 

On Wednesday night, April 3rd, 1968, 

Dr. King spoke at the Mason Temple in 
Memphis, and after the speech returned to the 
Lorraine Motel. Dr. King told him to report 

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back to the Lorraine Motel on Thursday 




morning, April 4, 1968, at eight-thirty a.m. 

Dr. King was due to go to court in regard to 
a restraining order on that morning. 

Mr. Jones stated that on Thursday 
morning, April 4th, he returned to the 
Lorraine Motel at about eight-thirty a.m. He 
stated that this motel is located on the east 
side of Mulberry and is bordered on the north 
by Ruling and on the south by East Butler. 

He advised that he parked the car 
which was used to drive Dr. King and which 
car was a 1967 Cadillac and belonged to the 
R. S. Lewis & Sons Funeral Home in the 
parking area of the Lorraine Motel and in 
front of Room 207. The car was headed into 
the motel area, which would have been in an 
easterly direction. So it was facing into 
the motel. 

A short time after he arrived. 

Reverend Andrew young, an associate of Dr. 
King, contacted Jones and stated that Dr. 

King was not going to go to court on the 
morning of April 4, 1996, and Young was going 




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to Court. Reverend Young informed Jones that 
he was to remain at the motel as Dr. King was 
to later that day address the sanitation 
workers. 

Jones advised that he remained at 
the Lorraine Motel and ate his lunch at the 
hotel. At about three p.m. Memphis time the 
Reverend Billy Kyles, a minister in Memphis, 
informed Jones that Dr. King and other 
members of his staff were going to have 
dinner at his home at about five p.m. on 
April 4th, 1968. 

Mr. Jones stated that Dr. King did 
not leave the motel area the entire day of 
April 4, 1968, and Jones stated that he also 
stayed in that area the entire day. He 
advised that Dr. King and his group did not 
leave the motel at five p.m. as had been 
originally mentioned to him by Reverend 



Kyles, and at approximately six p.m. on April 




4, 1968, Jones noticed Dr. King come out of a 



room on the balcony level of the motel, which 
room was north — he said was to the north of 
Room 306 where he was residing. 

DANIEL, DILLINGER, DOMINSKI, RICHBE] 

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Dr. King proceeded to Room 306, and 
as he was about to enter the room. Dr. King 
told Jones to start the car, as they were 
preparing to go to dinner. Jones started the 
car, and Dr. King went into Room 306 where he 
was staying with Reverend Abernathy. 

Dr. King came out of Room 306 a 
short time later and was standing on the 
balcony area in front of Room 306. At this 
time Dr. King was fully dressed. Dr. King 
was looking from the balcony level down to 
Jones, who was standing beside the car on the 
ground level. 

Jones advised the car was still 

parked in front of Room 207. Dr. King was 

talking to Jones about the weather, and Jones 



, WEATHEREORD 




stated he told Dr. King he should put on a 
topcoat, as it was cold outside. He stated 
that he was looking up at Dr. King during 
this conversation, and Dr. King was facing 
west and that he, Jones, was facing east. 

Dr. King acknowledged Jones 
concerning obtaining his topcoat. Jones 
stated that while he was looking at Dr. King, 

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he heard a sound which he thought was a 
firecracker. Dr. King fell to the floor of 
the walkway in front of Room 306. 

At this point Jones could see blood 
coming from Dr. King and realized the sound 
was actually a shot rather than a 
firecracker. Jones stated that he started 
screaming and calling for help and repeatedly 
called several times "Dr. King has been 
shot." 

He advised that at the time of the 



shooting that Jesse Jackson, a member of the 




staff of Dr. King's, was standing at Room 



305. He also recalled that Dr. King's lawyer 
by the name of Eskridge of Chicago, Illinois, 
was standing near Jones on the ground level. 

On seeing Dr. King bleeding and 
realizing that he was shot, Jones stated that 
he and Eskridge did not run to the side of 
Dr. King, as others were coming to Dr. King's 
aid. However, he and Eskridge turned west, 
since that was the direction in which the 
shot had originated, and went toward Mulberry 
Street, which street is located on the front 

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portion of the motel. 

They ran about fifty feet and 
stopped opposite the office of the motel. 

Jones stated he and the lawyer both then 
looked around and saw nothing. Jones stated 
he ran about another ten feet west and 
stopped at the edge of the sidewalk in front 
of the motel and stood beside a brick wall. 




He stated that Eskridge also ran up 
to the same area opposite him. He advised 
when he reached this point he looked opposite 
to the point where he was standing, which was 
also the driveway area. He looked opposite 
the driveway area toward the west side of 
Mulberry Street. This area has a large 
retaining wall. 

Immediately above the retaining wall 
is a grassy area with shrubs and bushes. 

This area is behind some buildings facing 
South Main Street. He got a quick glimpse of 
a person with his back toward Mulberry 
Street. He estimated the person he glimpsed 
would have been approximately sixty feet from 
where he was standing. 

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He pointed out it was dusk dark and 
he merely got a quick glimpse of someone in 
the area. He stated that it was the back of 



this individual and he could not tell whether 




the person was negro or white. This person 
was moving rather fast, and he recalls that 
he believed he was wearing some sort of 
light-colored jacket with some sort of hood 
or parka. 

He stated that this person appeared 
to him to be about five feet eleven or a 
little taller. He did not see him carrying 
anything in his hand and did not notice 
anything concerning the dress below his 
waist. He said he could not tell anything 
further about this individual and that it 
could have been an officer, but he could not 
furnish any further details concerning this 
individual. 

Then it simply continues by saying 
he was in a state of shock and someone put 
him in Room 308 and he had to lie down. He 
drove the car which had been used for Dr. 

King to follow the ambulance to the 

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hospital. In the car with him was Reverend 
Andrew Young and Bernard Lee. 

Now, the second interview is with a 
Memphis Police Department detective, R. R. 
Davis. It was taken on Thursday, April 4th, 
as well. 

Moving away from all of the 
introductory material down to the relevant 
part of his observation. Detective Davis 
said: You mentioned that the direction of 
the shot came from across the street, meaning 
the west side of Mulberry. What leads you to 
believe this vicinity is where the shot came 
from? 

Answer: After the shot and Dr. King 
fell, instead of me going up to where Dr. 

King was, I ran to the street to see if I 
could see somebody, and I could see 
somebody. I could see a person leaving the 
thicket on the west side of Mulberry with his 
back to me, looked to me like he had a hood 
over his head, and that's all that I could 



see. 




Question: Can you describe in more 

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detail this person that you saw? 

No, sir, I cannot. 

Was this person leaving hurriedly? 

Answer: In a hurry. 

Question: In order to clarify this 

hood that you mentioned, can you describe it 

in some detail? 

Answer: The only thing that I could 
see was something fitting close around his 
shoulders and was white in color. 

Question: Could you tell if this 

person was carrying anything in his hands? 

No, sir, I could not. 

Question: How close to the street 

was this man when you first observed him? 

Answer: He was a few feet west of 
the retainer wall in the brushes and was 
going west toward Main Street when I first 



noticed him. 




Question: Prior to the shooting, 
were you outside around this area where you 
possibly could have seen a suspicious type of 
person hanging around or passing by the 
Lorraine Motel? 

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Answer: The only thing that I saw 
was a squad car passing with four men in it, 
and they were driving slow and they were 
looking toward the Eorraine Motel and they 
were cruising real slow, and in a few minutes 
after - they had passed by, and a few 
minutes after they had passed by, the 
incident happened. 

Question: In regards to the 
description on the above-mentioned man 
wearing the hood, describe in detail all you 
can about the clothing and physical status. 

Answer: It looked to me like he had 
on a one-piece jacket and hood, and it 
appeared to be of white material. He 




appeared to be a small person and he was 
moving real rapidly. I could not describe 
his clothing below the jacket. I did not 
observe any car of a suspicious nature around 
this area and did not watch to see if this 
man attempted to enter a car, because I then 
turned back to Dr. King. 

That concludes those two statements 
of Solomon Jones. 

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MR. PEPPER: Your Honor, 

plaintiffs will call next Professor Phillip 

Melanson. 

THE COURT: All right. Maybe we 
ought to take about ten minutes. 

(Jury out.) 

(Short recess.) 

THE COURT: All right. Bring 
the jury in. 

(Jury in.) 



THE COURT: All right. Call 




your next witness. 

PHILLIP M. MELANSON 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Professor Melanson. 

A. Good afternoon. 

Q. Would you state your full name and 
address for the record, please. 

A. Phillip M. Melanson, 18 Partridge 
Place, Marion, Massachusetts. 

Q. What is your occupation, 

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Mr. Melanson? 

A. I'm a professor of political science 
and an author. 

Q. How long have you been a professor of 
political science? 

A. Twenty-eight years. 

Q. Have you had a particular interest in 




any special area of American history or 
political science? 

A. Yes. Political violence and 
assassination is my main area of expertise. 

I've written thirteen books, including one on 
the U.S. Secret Service and how they protect 
presidents. 

Q. Have you in the course of your work 
considered the assassination of Martin Luther 
King? 

A. Yes, sir, I have. 

Q. When did you do some research and 
investigation of the assassination of Martin 
Luther King? 

A. Approximately between 1980 and 1990. 

Q. Could you tell us some of the — the 
nature of some of the investigative work that 

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you did and research that you did? 

A. Yes. I read the complete files as 
available of the EBI and whatever Memphis 




Police documents were released. I 



interviewed crime scene witnesses and law 
enforcement officers here and in Canada who 
had a connection with the case in arresting 
Mr. Ray or in investigating the crime scene 
and talked to as many people as I could find. 

Q. How long would you say you devoted — 
how much time would you say you devoted to 
this investigation, this effort? 

A. Well, I was carrying on my normal 
academic duties, but I think it is probably 
fair to say that five years of those ten 
years, the working hours were probably 
devoted to researching Dr. King's 
assassination. 

Q. And you published a work on this 
case? 

A. Yes. 

Q. What was the name of that work? 

A. The Martin Luther King Assassination. 

Q. When was it published? 

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341 



A. That was published in 1988. There 
have been several subsequent editions of the 
book with additional material. 

Q. Now, Professor Melanson, you've 
stated that your work took you — your 
investigative work on this case took you to 
Memphis? 

A. Yes. 

Q. And that you interviewed a number of 
people, including law enforcement officers? 

A. Yes. 

Q. Was one of the officers who you 
interviewed a Memphis Police Department 
inspector named Samuel Evans? 

A. Yes, sir, it was. 

Q. What is Inspector Sam Evans' 
significance in this case? Just generally 
what was his role in the police department, 
what is the significance that you have seen? 

A. The avenue that I was researching was 
that inspector Evans was the commander of the 
Memphis Police Eorce Tactical Units or Tact 




Squads. He was in charge of their mobility 
and deploying them. I was particularly 

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interested in what had happened to them at 
the time of the assassination. 

Q. All right. Now, would you just 
describe for the Court and the jury what is a 
tactical unit and what was the tact squad? 

A. Well, I use "unit" and "squad" 
interchangeably. The Memphis Police 
Department specifically for Dr. King's visit 
formed six tactical units that they had not 
formed before. And they were essentially 
riot control units consisting of three to 
four vehicles, police vehicles, with two to 
three officers in each vehicle, and there 
were six of these tactical units formed, four 
of which were deployed around the Lorraine 
Motel. 

Q. Now, when you say they were deployed 



around the Lorraine Motel, this is the 




Lorraine Motel at that time? Do you recall? 



WEATHERFORD 




A. I'm not sure my information speaks to 
Tact 10 being based at the hotel. I know 
that they were in the firehouse, but I don't 
have that information. 

Q. Right. But before they were in the 
firehouse, they were in the proximity of the 
Lorraine Motel? 

A. Tact 10, yes. 

Q. Now, did you become aware of — did 

you ask Inspector Evans how they were removed 

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to the fire station or what caused them to be 
removed from the area of the Lorraine Motel 
to the fire station? 

A. Well, my understanding from Inspector 
Evans and from the documents was that on 
April 3rd and up and to the morning of April 
4th, the day of the assassination, the four 
deployed tactical units with approximately 
ten or twelve cars were in various locations 



within a five-block radius of the Lorraine, 




including proximity to the Lorraine and the 
firehouse and other specific areas. They 
were all within that block area as ordered. 

On the morning of the assassination, 
the order came for the tactical units to be 
withdrawn outside of a five-block area, 
therefore, disbursing them at a much greater 
distance and removing their presence from the 
immediate what would become the assassination 
scene. 

Q. So there was an order on the morning 
of the assassination that yet another level 
of security for Martin Luther King be 
removed? 

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345 

A. Yes. 

Q. Who gave that order? 

A. The order was given by Inspector Sam 
Evans. He not only told that to me in the 
interview, but he is on record as having said 
in the House Select Committee report that he 




in fact ordered those tactical units to be 



removed. They were under his command. He 
gave the order. 

Q. Inspector Evans, as an aside, is 
deceased at this time? 

A. Correct. 

Q. And he informed you that he gave the 
order that these units be withdrawn, be 
removed or be pulled back? 

A. Yes. He referred to them as "his 
units," yes. 

Q. What reason did he give you for 
removing these units? 

A. He told me that he had been requested 
by a member of Dr. King's party to remove the 
units from proximity to the Lorraine Motel. 

Q. He received a request from a member 
of Dr. King's party to remove the units? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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A. Yes. 



Q. Did he say which member of Dr. King's 




party made this request? 

A. That's the question I asked him. He 
immediately responded that it was the 
Reverend Samuel Kyles. 

Q. The Reverend Samuel Kyles requested 
that the security forces, the tact forces 
around the Lorraine Motel, be removed? 

A. Yes. 

Q. Was the Reverend Samuel Kyles — did 
he have any position or anything to do with 
the Southern Christian Leadership Conference? 
A. Not to my awareness. I think 
politically he was more of a local person in 
Memphis politics. 

Q. He was a local pastor? 

A. Yes. 

Q. So you are telling us. Professor 
Melanson, that Inspector Evans was telling 
you that a local pastor's request was behind 
the removal of this security umbrella for Dr. 
Martin Luther King, Jr.? 

A. Yes. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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347 

Q. As one who was looked into these 
matters, does it make sense to you that 
police department security in a time like 
this would be determined by a local pastor's 
request? 

A. It makes no sense to me whatsoever in 
terms of law enforcement chain of command or 
in terms of what I understood to be the 
duties and responsibilities of everyone 
involved. 

Q. But yet when you asked him that 
question, he didn't hesitate, he said that 
this is why he acceded. Did he say why he 
acceded? Did he say he disagreed or he 
thought he had to do this? Did he give any 
reason for that at all? 

A. No. He simply said that request had 
come and they had honored the request. 

Q. On the day of the assassination? 

A. The morning of the assassination. 

Q. The morning of the assassination? 




A. Yes. 



MR. WILLIAMS: No further 
questions. 

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MR. GARRISON: I don't have any 
questions for this witness. 

THE COURT: All right. You may 
stand down, sir. You can remain in the 
courtroom or you are free to leave. 

(Witness excused.) 

THE COURT: Your next witness. 

MS. ATKINS-HIEE: Your Honor, at 
this time we'd like to read the transcribed 
statement of Kaye Pittman Black. It was 
transcribed in the documentary trial in 
1993. She was sworn, but this was not a 
formal legal proceeding. Your Honor. The 
statement was sworn testimony. 

THE COURT: All right. Go ahead 
and read. 



MS. ATKINS-HIEE: Okay. 




Starting at page 2018 - 

THE COURT: Read her name into 

the record for the — 

MS. ATKINS-HILL: Her name is 
Kaye Pittman Black. 

THE COURT: Pittman is spelled 
PITT- 

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349 

MS. ATKINS-HILL: It is 
PITTMAN. 

THE COURT: Go ahead. 

MS. ATKINS-HILL: 

Question: What is your present 
occupation? 

Answer: I'm administrative 
assistant to Sheriff A. C. Gillis. 

Question: What was your occupation 
back in 1968? 

Answer: I was a reporter, civil 
rights reporter, basically at that time. 



Question: Eor which newspaper? 




Answer: The Memphis Press 
Scimitar. It closed in 1983. 

Question: All right, Ms. Black, how 
long had you been a reporter at that time? 

Answer: 26 years about, but 
twenty-one years with the Press Scimitar. 

Line 13. 

Question: Were you familiar with 
the issues of the sanitation strike? 

Answer: Very definitely. 

Question: Did you cover that on a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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regular basis? 

Answer: Yes. I also helped out at 

city hall to Mr. Porteous, who was the senior 

reporter at city hall. And I assisted him. 

So I knew both sides. Mostly I was on the 
street at the sanitation strike. I would go 
to Claybom Temple every day in March. 

Were you known and familiar with 
political leaders of Memphis at that time? 




The top of page 2020. 



Answer: Yes. 

Question: Did you, for example, 
know former Mayor William Ingram? 

Answer: Very well. 

Question: How long had you known 
Mayor Ingram? 

Answer: I would say from the time 
of his election, which was — I moved here in 
1962 to go to work. It would have been after 
that period. I can't remember when he was 
elected. I don't have a date available 
without a newspaper, so I can't tell you. 

But it was prior to the sanitation strike. 

Mayor Henry lobe was mayor at the time of the 

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strike. 

Question: Without telling us 

exactly what was said, but did you have a 

telephone conversation with Mayor Ingram on 



morning of April the 5th? 




Answer: Yes, I did. He called 



somewhere between I would say seven and ten. 

The reason I say seven is most of us had been 
up all night. A lot of us came in at seven, 
some had gone home. So it would have been 
between seven and ten. 

Question: And as a result of that 
conversation, did you go over to the South 
Main Street area? 

Answer: Yes. 

Question: Where did you go and what 
did you observe at the South Main Street 
area? 

Top of page 2021. 

Answer: The trees which lined the 
embankment behind the rooming house and which 
would have overlooked the Lorraine Motel had 
been cut and the area had been cleared and 
cleaned. Line 20. 

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Question: Would you show us the 




area where the trees that you are talking 
about were located? 

Answer: They would have been — 

this faces the Lorraine back, the back of the 

rooming house, correct? 

Question: That's the rooming 

house. That's the back area of the rooming 

house there. 

Answer: This is where the 

embankment would have been where the trees 

would have been. It overlooks the Lorraine. 

In other words, someone here up in the 
rooming house would have had to look down to 
the Lorraine because the embankment was 
taller than me, which means, you know, which 
I'm not very tall, but it would have been six 
or eight feet tall. I think it was a 
concrete embankment holding up the back of 
the building. 

Line 16. 

Now, you received this call on the 
morning of April the 5th? 



Answer: Right. 




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( 901 ) 529-1999 

353 

Question: And at what time did you 
go down to that area and make that 
observation? 

Answer: I'm going by a long memory, 
but I remember telling the city editor about 
it, and he said. I'm pretty sure I went out 
right after home edition, and home edition 
was twelve o'clock deadline. So it would 
have been probably oneish. I wouldn't have 
gone out before home edition, which meant it 
would have been in the next day's paper, 
which edition, I couldn't tell you, but I 
remember city hall. The city hall reporter 
had gotten a statement from city hall saying 
that a sanitation crew cleaned it up to make 
it look better for all the people coming into 
town. 

Question: Had you been down in that 
area before a number of - 



Answer: Every day. 




Question: Every day? 



Answer: Every day. 

Question: Were you then quite 
familiar with the way the area looked? 

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354 

Answer: Very familiar, right, very 
fa mi liar. 

Question: And you were thus able to 
ascertain that there had been a cutting? 

Answer: There was a total 
demolishing almost. It was just scrubs. It 
wasn't any fine trees or anything. There 
were willows and scrub ash and stuff like 
that. 

Dr. Pepper: No further questions. 

There was a recross, page 2024, line 1 — 
line 2. 

Mrs. Black, did you say it was a 
total cleaning? Were there any trees left 
standing? Answer, there were probably 
pieces, you know. They topped a lot of 




them. They just topped a lot of them and 
some they trimmed. They were trying to clean 
it up, they said. 

THE COURT: All right. Your 
next order of proof? 

MR. PEPPER: I think that will 

do it for today, Your Honor. Apparently they 

have located one witness who is due here, but 

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355 

he is probably ten minutes away. I think is 
probably not useful to delay the Court that 
period of time. If we can just resume in the 
morning. 

THE COURT: All right. Eadies 
and gentlemen, I know how mad it is going to 
make you, but we're going to stop at this 
point. We will resume tomorrow again at ten 
o'clock. I remind you don't discuss this 
matter among yourselves or with anyone else 
until you start your deliberations. 



All right, Mr. James. 




(The proceedings were adjourned 
at 4:07 p.m.) 

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356 



IN THE CIRCUIT COURT OF SHELBY COUNTY, 
TENNESSEE FOR THE THIRTIETH JUDICIAL 
DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, et al. 
Plaintiffs, 

Vs. Case No. 97242 
LOYD JOWERS, et al. 
Defendants. 



PROCEEDINGS 
November 18 th, 1999 
VOLUME IV 



Before the Honorable James E. Swearengen, 
Division 4, judge presiding. 



DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER, WEATHERFORD 
COURT REPORTERS 
Suite 2200, One Commerce Square 



Memphis, Tennessee 38103 




(901)529-1999 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

357 

- APPEARANCES - 

Eor the Plaintiff: DR. WILLIAM PEPPER 

Attorney at Law 

New York City, New York 

Eor the Defendant: 

MR. LEWIS GARRISON 
Attorney at Law 
Memphis, Tennessee 
Court Reported by: 

MR. BRIAN E. DOMINSKI 
Certificate of Merit 
Registered Professional 
Reporter 
Daniel, Dillinger, 

Dominski, Richberger & 

Weatherford 
22nd Eloor 

One Commerce Square 



Memphis, Tennessee 38103 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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358 

- INDEX - 

WITNESS: PAGE/LINE NUMBER 
JAMES LAWSON 
DIRECT EXAMINATION 



BY MR. PEPPER 360 20 

CROSS-EXAMINATION 

BY MR. GARRISON 442 8 

MAYNARD STILES 



DIRECT EXAMINATION 



BY MR. PEPPER: 445 5 

CROSS-EXAMINATION 

BY MR. GARRISON: 451 5 

REDIRECT EXAMINATION 

BY MR. PEPPER: 452 1 

OLIVIA GATLIN 
DIRECT EXAMINATION 

BY MR. PEPPER: 453 4 

CROSS-EXAMINATION 

BY MR. GARRISON: 467 3 



REDIRECT EXAMINATION 




BY MR. PEPPER: 



All 1 



RECROSS-EXAMINATION 

BY MR. GARRISON: 479 12 

ED ATKINSON 

DIRECT EXAMINATION 

BY MR. PEPPER: 487 16 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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359 

HASEE HUCKABY 

PREVIOUS TESTIMONY READ 480 14 

JAMES EESAR 
DIRECT EXAMINATION 



BY MR. PEPPER: 496 7 

CROSS-EXAMINATION 

BY MR. GARRISON: 503 19 

ANDREW YOUNG 



DIRECT EXAMINATION 



BY MR. PEPPER: 507 21 

CROSS-EXAMINATION 

BY MR. GARRISON: 531 18 



REDIRECT EXAMINATION 



BY MR. PEPPER: 



535 3 




EXHIBIT PAGE/LINE 



Exhibits 2 and 3 respectively 502 7 

Exhibit 4 536 17 

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PROCEEDINGS 
(November 18th, 10:20 a.m.) 

THE COURT: All right. Bring 
the jury out, Mr. James. 

(Jury in.) 

THE COURT: Before we begin, let 
me explain that Mr. lowers has my permission 
to be absent this morning. We're going to 
continue with the proof. 

All right. You may proceed. 

MR. PEPPER: Good morning. Your 
Honor. 

THE COURT: Good morning. 

MR. PEPPER: Plaintiffs call as 

their first witness Reverend James Eawson. 

JAMES EAWSON 



Having been first duly sworn, was examined 




and testified as follows: 



DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Reverend Eawson. 

A. Good morning. 

Q. Thank you very much for coming here 

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this morning. 

A. You are welcome. 

Q. In fairness to you, I know you've 

just gotten off a plane from Eos Angeles and 

come directly into the courtroom. 

A. Right. 

Q. If at any time you feel a bit woozy 
or you want a break, perhaps we could ask and 
his Honor will indulge. It has been awhile 
since you slept. 

A. Thank you. Yeah. 

Q. Would you please state your full name 
and address for the record. 



A. James M. Eawson, Jr., 4521 Don 




Timatayo Drive, Los Angeles, 90008. 

Q. What is your profession? 

A. I've been a pastor for forty-five 
years. 

Q. And what was your most recent 
pastorship? 

A. I just retired as pastor from Holeman 
United Methodist Church in Los Angeles. 

Q. And prior to that charge where were 
you, sir? 

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A. I was for twelve years pastor at 
Centenary United Methodist Church here in 
Memphis, Tennessee. 

Q. Would you tell the jury where you 
were trained and what your background has 
been. 

A. Well, I'm a third-generation clergy 
person, and I did my college work at Bolden 
Wallace College in Moorea, Ohio, my 
theological work at Olin Graduate School of 




Theology at Vanderbilt University of 
Nashville and Boston University. 

Q. When did you first meet Martin Luther 
King? 

A. About February the 6th or 7th of 
1957. 1 was a graduate student in theology 
at Olin College in Ohio. Martin King came 
there to spend a day of talking to the 
university and to the community. I was in a 
small luncheon at noon time with him. We had 
a chance to be alone. So we visited and 
talked and found ourselves to be very much in 
sync with one another as people. 

Q. What was it that made you feel 

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compatible in terms of viewing the world and 
the problems and the issues of the day with 
Martin King? 

A. Well, he had just completed the 
Montgomery bus boycott, which had begun 



December 1st, 1955. And it had just finished 




in January of 1957, and it was successful. 

It was the first almost — I think it could 
be said it was the first major non-violent 
direct action movement in at least the 1950's 
in the United States and one of the largest 
and most powerful. The ripples went all 
across the world. 

At the time I was serving as a coach 
and campus minister in Nog For, India, and I 
first saw the story on the front pages of the 
newspapers. It was on the BBC. It was on 
all the radio stations then in India. So it 
was a world- wide story. 

I had been a non-violent 

practitioner since about age ten or eleven. 

I had studied it and had worked on issues 
against racism in the United States as a 
college student and as a graduate student. 

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So I had a background of both practical 



experience and the theory. 




Of course, being in India I followed 
the work of Mahatma Gandi at length, and I 
told Martin King of this experience, and that 
was one of the things that linked us very 
closely. While in college, at the end of the 
1940's, I had wanted to — I had decided I 
should work in the South, that there was a 
clear call for me to work in the South to try 
to apply creative non-violence to the 
eradication of racism and segregation. 

So I mentioned this to him. Dr. 

King said, well, don't wait, come now, we 
need you. So, consequently, I changed any 
plans and sped up my calendar to finish up my 
schooling and go south. 

Q. We've called you as a background 
witness in terms of the whole aspect of 
Martin King's work that led you here to 
Memphis. So you are a bit out of sync, but 
because of scheduling, we brought you in here 
at this point in time to have you talk about 
these things. You knew Dr. King from 1957 to 



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the time he died. Is that correct? 

A. Yes, right. 

Q. How did you see him change as a 
preacher and as a leader during that period 
of time? 

A. Well, there are lots of ways. In the 
first instance he had planned basically 
probably with his life to become a preacher 
and then the president of a college or 
university. That's why he had done a Ph.D. 
in theology at Boston University. 

So he expected to follow in the 
pathway of two or three people who were 
friends of his father, Benjamin Mayes of 
Moorehouse College being one of these and 
Howard Thurman of Howard University. Those 
were his models. 

The Montgomery bus boycott during 
his first pastorate in Montgomery in a sense 
shook his vocational understanding of where 
he was going and what he was to do. He did a 




lot of wrestling with all of that, what this 
meant for his life. 

As a consequence, that in itself 

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kept him in the journey and making some 
changes. He had not anticipated that he 
would become overnight a spokesperson for 
liberty and justice, for the gospel in a 
particular way, which meant, therefore, he 
did a lot of maturing very quickly. 

He had an excellent mind, and he — 
as he got into the struggle, he began to 
recognize more and more what this would 
entail. Among those things was his 
recognition that the issue of racism and 
segregation in the United States was not kind 
of a limited affair, it affected economics, 
it affected not only human relations itself, 
it affected the politics of the nation. 

That's obviously the case. It was a 
very violent institution, as it still is in 




the United States. So this broadened his 



whole childhood and then young adulthood 
estimation of what racism was about and what 
this was going to involve. 

Then he also saw this as a life's 
vocation, not as kind of a limited kind of 
career but was a high calling of God. And 

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this matured him in many ways. He was a deep 
reader and thinker. 

So one saw the way in which his 
knowledge of the United States, his knowledge 
of the struggle, increased rather rapidly. 

His exposure to all kinds of platforms and 
radio interviews and television interviews 
sharpened up his intellectual ability to not 
only analyze the situation but to respond to 
a great variety of challenges. 

The threats on his life that began 

almost immediately in Montgomery made him 

very aware of how fragile his life was, but 




it also made him profoundly aware of how 
dangerous the struggle was and also how he 
had to have the spiritual and moral fortitude 
to work through it and live through it. 

Q. Did you have much conversation with 
him or discussion with him in the early and 
mid-1960's as he moved to become concerned of 
international issues, particularly the war in 
Vietnam? 

A. Oh, yes. In our workshops and staff 
meetings and personal conversations he was 

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always — he always had a broad sense of the 
whole world. His understanding and 
commitment to non-violence was broad also. 

In my workshops on non-violence, 
which I did with him and around the South 
especially for SCLC and for the Eellowship of 
Reconciliation, we always included what was 
going on especially 1960 in Angola and 



Mozambique as an illustration. 




I had colleagues in the Methodist 



Church who were pastors from those countries, 
and they were being thrown in jail by the 
Portuguese government with the good wishes of 
the CIA in the United States and the 
connivance of the State Department and so 
forth. 

So I brought these things into it. 

Mondo Mondo Laney was a Ph.D. from 
Northwestern University and a Methodist and 
one of the organizers of the 
self-determination movement in Mozambique. 

In my work shops I brought these movements 
into the picture so people could understand 
what was going on. 

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Vietnam, we watched it escalate in 
1960. We had any number of staff conferences 
in our — staff meetings, rather, and 
retreats. We talked about these matters 
steadily. I don't think there was hardly 




anyone in SCLC who thought that the Vietnam 
escalation was justified or that the 
historical situation was one that was 
acceptable, either from the point of view of 
Christian faith or from the point of view of 
Christian non-violence. 

In 1965 an international team of 
religious leaders decided that they would go 
to Southeast Asia to see the situation for 
themselves. This included people like Martin 
Meamolar (Phonetic), a German war hero of 
World War I and then one who resisted Hitler 
and was thrown in jail during Hitler's 
regime. He was a submarine commander and 
Lutheran pastor after World War I. Martin 
Meamolar was one of these people who was 
concerned about what was going on. 

So this international team was 

formed and the Fellowship of Reconciliation 

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decided they would sponsor it, and they 




invited Dr. King to be a part of that team. 

He could not go, so he called me and asked me 
if I would take his place and then have 
conversations with him about this and make my 
report, because we were to go as pastors and 
religious leaders and then we would make a 
report to the nation, to especially the 
churches. 

So I agreed to go, and Centenary 
Church here in Memphis gave me extra vacation 
time so that I could do it. They thoroughly 
supported it. So I went to — went with this 
team instead of Dr. King. 

When I returned, I wrote a report 

and I sent him a copy of the report, and then 

he and I had two or three conversations about 

it. 

Q. Who was the year of that visit? 

A. That was 1965. It was June and July 
and then into August of 1965. It was 
supposed to be about a month's long, but 
because of some of the other things, it took 
longer. 




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Eor example, when we finished the 
tour of Cambodia and Vietnam and Laos and 
Thailand, we gathered back in Hong Kong and 
then we had an urgent request from the 
Council of Churches, the United Methodist 
Church, the Anglican Church of Australia, 
asking for someone from the team to come and 
talk to some of their churches across that 
country. And I agreed to be that person. 

So this meant I spent an extra seven 
days in August every day in a different city 
in Australia visiting with churches, usually 
a large meeting at night, and then during 
their morning and afternoon gatherings of 
clergy of all denominations. 

Q. Do you remember the evening when he 
came formally out against the war in Vietnam? 

A. Well, Bill — Mr. Pepper — I have 
different opinions of this. I do because he 



did speak about it in a number of settings. 




But the one that caught the attention of the 
nation was April the 4th, 1967, where he 
agreed to speak at the Riverside Church in 
New York with — under the auspices of clergy 
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and laity concerned for the Vietnam War in 
Southeast Asia, with people like William M. 
Sloancoff and Rabbi Abraham Heschel and a 
whole range of some of the best known 
Protestant, Jewish, Catholic Jewish people in 
the country. That was April 4th, 1967. 

Q. That was one year to the day before 
he was assassinated. Is that right? 

A. Yes, that's correct. One year to a 
day. 

Q. What was the reaction to that 
Riverside Church speech? 

A. Well, from the point of view of many 
of us, and I read the speech later on, of 
course — in fact, I think it is his most 
important and creative speech from the point 



, WEATHEREORD 




of view of spiritual understanding. It is 
his most prophetic speech. 

The reaction in the press and the 
reaction in Washington was intense 
hostility. I have since that time read 
accounts of some of that hostility, since I 
was not in those circles at all, but there 
was intense reaction. 

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373 

Of course, that reaction was 
intensified both in the White House and in 
the EBI, I think probably also in the 
military. 

He was called a traitor. There were 
other black leaders in the movement who 
castigated him. There was great reaction 
against him. There were people who did not 
have the broad theological and spiritual 
vision that he had. So they felt that he was 
getting out of his field. 



Q. But he wasn't the a civil rights 




person in that sense? 

A. He was a pastor, he was a prophet, he 
was a preacher, he was a teacher. So he 
wasn't out of his field. 

Q. It was a much broader field? 

A. Yes, sure, but they said, no, you are 
confined to civil rights. Well, even that 
civil rights question has to be expanded 
because Martin King spoke always on much more 
than civil rights. 

After all, in the Bible, the notion 
of justice is an important question, an 

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important concept. That was one of his big 
words. The word "liberty" is a big word in 
the Bible. That was one of his big words in 
the movement. I often in my own teaching and 
preaching and lecturing insist that our 
movement was far more than, quote, a civil 
rights movement. We were a movement 
concerned for helping this nation purge 




itself of a nightmareish part of its history. 

Q. Did he express concern to you during 
that year of time, the last year of his 
life — now we're in 1967 — did he express 
concern to you during that period of time 
about the enemies that he was developing, the 
forces of opposition that he was building up 
against him, that they were growing and they 
were perhaps more lethal than before? 

A. Yes. We had a fairly large movement 
retreat. I think it was in August of 1967. 

It was in our — as I recall, it was at the 
Penn Center, which is a camp and retreat 
center owned by the American Friends Service 
Committee in South Carolina. We had a 
several-day-long retreat there in August. 

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The very first day he said, Jim, 
let's take some time off and go off by 
ourselves and do some talking. So I said, 
whatever you say. So we went off one 




afternoon. It is a large camp, and you could 
walk through the forest and meadows and what 
not. 

So we went off for along walk. He 
talked at length about the way in which he 
was getting the full heat of the FBI, he was 
getting the full animosity of President 
Johnson. 

Up to that time president Johnson 
and he were in conversations by phone and he 
had been in the White House on a number of 
occasions, but all of this was stopped. None 
of his phone calls to the President were 
being responded to for just normal 
conversations about issues in relationship to 
the movement. 

Q. After April 4th, 1967, that 
communication between Dr. King and the 
President stopped? 

A. Yes, that's right, stopped, yeah, 

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376 




where formally he had been there, where 
formally his phone calls were answered and 
responded to by senior staff and by the 
president himself, this all ended. He 
suddenly became a non-person in the White 
House, according to him. 

Q. To the best of your personal 
recollection. Reverend Lawson, was there an 
economic impact upon his organization as 
well? 

A. Yes, there was. I think that behind 
the scenes there was a deliberate effort to 
get people not to give financial gifts. A 
lot of times a lot of gifts were 
spontaneous. SCLC had a direct- mail program, 
and Dr. King and others called upon people 
individually to give, but oftentimes in the 
midst of the struggle there would be a 
spontaneous outpouring. That's one of the 
ways in which our movement was able to 
sustain itself financially, because it didn't 
cost. 



For example, in the sanitation 




strike on one occasion we must have received, 



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because of Bayind Rustin, who was on the 
television show about the sanitation strike, 
we must have received, I don't know, dozens 
and dozens of mail bags from just around New 
England and New York. These bags would 
contain note after note, and in almost every 
note there was a check that ranged in size 
from five dollars to a hundred dollars or two 
hundred dollars. These were all for the 
sanitation strike. 

Of course, it went into the relief 
fund, but it took volunteers days to get 
through just that one television program 
where Bayind Rustin talked about what was 
going on. We had to keep the thirteen 
hundred workers and their families alive. 

They had no money. They were poverty 
workers. 



Q. During this period can you recall 




specific acts of harassment or intimidation 



WEATHERFORD 




were a number of others as well. 



Q. What did he view as underlying that 
type of unrest and disruption? What did he 
see as the cause of that? 

A. Well, he knew that — he felt that a 
lot of it was being promoted not simply in 
opposition to him and in opposition to 
non-violence, but also it was being promoted 
by various provocateurs in the country, 

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though he did not really name who they might 
be, although he suspected that the EBI was 
often provoking enmity against him. 

Q. When he turned his attention to 
economic issues, what was the focus of that 
work and what was the analysis that he saw of 
the distribution of wealth as it related to 
the war in Vietnam? 

A. On April the 4th, 1967, one of the 
things he said was that the war against 
poverty was being struck down in the rice 




patties of Southeast Asia. That may be 
almost the exact way he put it, as I 
remember. But it was in these months, then, 
that he was pulling — tying to pull together 
a major effort to call the nation's attention 
to the question of poverty. 

In 1967 we were talking about how 
materialism, militarism, greed, poverty. 

Those were in a sense the twin enemies of the 
whole movement and that you could not deal 
with racism if you did not deal with the 
issue of poverty, that you could not deal 
with the issue of poverty if you did not deal 

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with the issue of militarism. 

So these were conversations that 

were going on in the movement itself in 1967, 

1966 and 1967, because they began much 
further than that. I, as one of the teachers 
of the movement, made these links clear all 
along in various workshops on non-violence 




rather persistently. But more and more staff 
people were discussing it. I recall 
conversations in 1967— in 1966, rather, 
during the Chicago movement, around that vein 
of thought. 

So it is out of all of that I would 
say that goes back to at least 1966 that 
began the notion of the Poor People's 
Campaign and the notion there was the 
possibility of bringing a movement to the 
nation's capital, a non-violent movement, 
that would indicate the extent to which the 
economic issues, the issues of the violence 
of racism and the violence of the society 
could be pulled together. 

That took greater form, then, in the 
fall of 1967, in talking about the Poor 

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People's Campaign. That became his 
preoccupation. This was really out of his 
mind I would say more than anyone else. 




because there were lots of folk within SCLC, 



within the movement, who said this can't be 
done, that you can't have a movement in the 
spring and the summer in Washington, D.C., 
that would not become a major catastrophe. 

Bayind Rustin and other major folk 
in the movement said it was time to take a 
moratorium. 

Q. Why did they think it would become a 
major catastrophe? 

A. Because the movement had so much 
division within it by this time. You had the 
development of the black power group, you had 
the development of the Panthers and in places 
like Oakland and Kansas City and Chicago and 
elsewhere, you had the forces that were 
critical of King's denunciation of the 
Vietnam War and its escalation. 

You always had folk who did not 
think direct action was important, that we 
should leave it to the lawyers. This was 

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certainly the point of view of those in the 
NAACP Legal Defense Fund who were never sure 
that direct action in terms of a sit-in 
movement or the voter's rights movement or 
the Birmingham movement, they never — they 
never were persuaded that kind of non-violent 
action was possible. 

So you had these many different 
voices that in my judgment were a part of how 
a movement, a social movement, evolves, that 
it goes through an evolutionary process where 
a lot of conversation and discussion and 
struggle is necessary. But this was now more 
evident in all of 1967 than at any other 
time. 

I feel now, looking back, that that 
was oftentimes provoked by some of the actual 
people who were enemies of Martin King and 
enemies of the struggle. 

Q. Martin King came to believe that the 
Poor People's gathering — 



A. Campaign. 




Q. — was a critical undertaking from 
what you are saying? 

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A. Yes. 

Q. When did he decide in 1967 to go 
forward with those plans to bring the masses 
of poor people to the nation's capital? 

A. I think it was talked about earlier, 
but I think that the confirmation came in 
December of 1967 when we had a retreat of the 
executive staff and of the board of SCLC. I 
think that is where the final arguments and 
long conversation and intense conversations 
took place, and I think it was from there 
that King was convinced that he would move 
forward to organize and plan the Poor 
People's Campaign. 

Q. Was there opposition on the board of 
his own organization of SCLC to this project? 

A. Oh, yes. Oh, yes. There were — 
but, you see, some of that opposition, you 




have to recognize, was natural opposition 
that was — that would stretch way back. The 
idea of non-violent direct action, though it 
is not new to America now, it was a major 
secret in America then. There have been 
other such struggles, but most Americans are 

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unaware of them. 

So you had clergy on the board who 
had no knowledge of this in a sense what can 
now be called a people's struggle for 
justice, for liberty, for human rights, for 
the Bill of Rights, for freedom of religion, 
freedom of speech. You had people who had no 
awareness of that. 

So you always had a certain amount 
of opposition to different campaigns. But 
then in 1967 you had members of the board who 
thought King should leave Vietnam absolutely 
alone and should have nothing to say about 



it, that it should not be in the 




consideration at all for the struggle. So 
they felt very strongly about that and made 
their opposition very clear. There was 
intense verbal struggle, lots of emotion in 
those months in the SCLC circles and board 
circles and staff circles. 

Q. Wasn't the Poor People's Campaign 
even more significant in that it went to the 
heart of wealth and power in the United 
States? He was talking, was he not, about 

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the redistribution of wealth in this country? 

A. Well, I want to say about that two 
things: One is that you have to recognize 
that the sociology of the movement up to this 
time was mostly in the southeastern states. 

I think it is correct to say that you had had 
up to this time in the end of 1967 no major 
non-violent movement outside of that 
southeastern part of the country. 



Then you have to recognize that we 




had the Chicago movement in 1966, early 
1967. There was intense opposition to SCLC 
going to Chicago. Some advisors, some of the 
people on the board, some of the members of 
the staff, felt we had no business doing this 
because they said our strength is in the 
southeast. But King recognized that we had 
to become a national movement. 

There was a ardent group of people, 
activists of different kinds, in Chicago that 
kept urging Dr. King and SCLC to come there. 

So the decision was made to go there. 

Another part of this was that King recognized 
that each movement had to provide a kind of 

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confrontation that helped the nation 
recognize and see the problem. So in his 
mind that confrontation should take place in 
the nation's capital in Washington. 

And he, among other things, said 

that we will go to Washington and stay until 




Congress and the President decide that they 



will eradicate poverty in the United States. 

I mean, that was one of the statements he 
made. 

Another kind of statement he made 
was that we will pull together the peace 
movement and we will shut down the Pentagon 
in the summer of 1967. You know, these are 
rather phenomenal statements. But these are 
some of the things that you can find in his 
speeches, in his talks, in his — as he was 
organizing this movement. 

So he was going there believing that 
it would be possible to basically paralyze 
Washington and to paralyze the government 
until it faced up to the issue of poverty and 
dealt with it. 

Q. Don't you believe that that posture 
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387 

and those statements could only have 
heightened, enormously heightened, the 



, WEATHEREORD 




anxiety of all those in power? 

A. I have no doubt. I have no doubt 
whatsoever in my own mind, though I do not 
know the behind-scenes work of Washington at 
all. But I have no doubt that these kinds of 
statements raised the anxiety levels in the 
White House and elsewhere across Washington. 
Q. Do you believe he could have — 

A. Remember it is during this period 
that J. Edgar Hoover was saying that King was 
the number one enemy of the nation. That was 
being said. 

Q. Jim, do you believe that he could 
have brought half a million people into that 
setting in Washington with all of the 
disparit parts of that movement, all poor, 
all stressed and anxious people, that he 
could have put that group together without 
that gathering turning violent eventually? 

A. No, no, I think that with King's 
leadership and strength, I think that we 
could have had a movement in Washington, 



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388 

D.C., that would have been a non-violent 
movement fundamentally. After his death, in 
fact, it was basically a non-violent 
movement. But it was without his presence 
and without his leadership at that time. The 
Resurrection City did not turn violent. 

Q. But it was without the masses? 

A. It was without the numbers and 
without the power and strength that Martin 
King represented. We have to recognize that 
in such movement as these, persons become 
symbolic leaders, and they are larger than 
life in many ways. If you study, for 
example, the movement in India with Gandi, 
this was the case. 

Now King had fundamentally replaced 
for the world the Gandi figure, because his 
name was known everywhere. I travelled in 
India and Africa and Latin America in those 
days. Southeast Asia, and Martin King was the 
best-known American. I travelled in Europe 




for the World Council of Churches. I 



represented my denomination in all kinds of 
work camps, workshops. I did non-violent 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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training in Europe in the 1970's. King was 
the best-known name. 

Q. With over thirty years of reflection, 
though, now, looking at the context of events 
then and the violence in the cities 
throughout America during 1967, do you 
believe that those in power could have so 
dreaded this event taking place that they 
might have resorted to any means to make sure 
that he didn't lead it? 

A. Well, I have no doubt about that at 
this moment. We've learned more since then. 

Here in Memphis, rather, I think in 
1993 I think this city was startled when on 
the front pages of the Commercial Appeal an 
article that I got a copy of, and I have it 
still in my files at home, where it was shown 




in this investigative peace that Martin King 
had been trailed and under the surveillance 
of military intelligence night and day 
throughout his entire life. 

Not just Martin King but that his 
father and his grandfather had been under 
military intelligence, surveillance, since 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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390 

1917, seventy-five years, military 
intelligence. Now, this country has never 
been informed what that military intelligence 
was doing, but they started looking at his 
father and his father, A. D. King, during 
World War I, because they thought that black 
people would be on the side of Kaiser 
Wilhelm. How anyone could have that notion 
is beyond the realm of my understanding. 

Then in World War II they said black 
folk would go with the Nazi's. That is such 
craziness that racism develops in some white 
power structure people. So his family was 




under surveillance of the military 
intelligence for seventy-five years. This is 
now documented. 

THE COURT: Mr. Pepper, we're 

going to stop here and give the jury a coffee 

break. We're coming back in about ten 

minutes. 

(Jury out.) 

(Short recess.) 

(Jury in.) 

THE COURT: All right, 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Mr. Pepper. We're ready. 

MR. PEPPER: Thank you. Your 
Honor. 

Q. (BY MR. PEPPER) Reverend Eawson, you 
have very patiently taken us from the 
beginning of your association with Martin 
King and even your own work prior to that up 
through his transformation and his maturing 



in the 1960's and his declaration of 




when I picked him up at the airport that 



, WEATHERFORD 




night to take him to the mass meeting, one of 
the things he said to me is, Jim, you are 
doing in Memphis what I hope to do in the 
Poor People's Campaign. Then he went on to 
talk about linking the economic question to 
the question of the racism, poverty issues 
and transforming that. 

Now, that's a continuation of 
conversations out of staff meetings and board 
meetings in the 1966, 1967, at least, but he, 
in other words, decided that he could come to 
Memphis to speak because he recognized that 
these thirteen hundred workers were working 
for poverty wages and that that was the heart 
of the question of racism in many ways. 

Slavery was working for nothing, 
substainance, food at best, an economic 
system which constantly does not want to pay 
ordinary people their due for their good and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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essential labor for the society. 




So I — he made that connection for 
me in very clear fashion. He saw the Poor 
People's Campaign as a way by which we could 
bring to the nation's attention to the 
necessity of America finally making a 
decision that we didn't have to have the kind 
of poverty we had because we had more than 
enough wealth and we had more than enough 
work, and that the work should allow people 
to gain the wherewithal to take care of their 
own basic necessities. 

Q. Before he entered the fray here in 
Memphis in support of the sanitation workers' 
strike, that dispute became very evident and 
indeed disruptive of civic life? 

A. You mean the sanitation strike 
itself? 

Q. The sanitation workers strike. 

A. Yes. 

Q. Can you give us the background, 
because you were in the middle of that at the 
time? 

A. Well, the sanitation workers, of 




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394 

course, were all city employees, but they 
never received any kind of just remuneration 
or opportunity for advancement, and the 
segregation in the department was rampant. 

Oftentimes these men were humiliated 
in their workplace, harassed in their 
workplace. T. O. Jones and a handful of 
people had for about six years been trying to 
organize this group of thirteen hundred 
people into an effective union and working 
people's organization whereby they could 
collectively improve their situation, their 
work situation. That had always — that had 
for the most part was a hard uphill struggle 
all the time, but it proved to be successful 
on Eebruary 12th, I think it was in 1968, 
when all thirteen hundred workers walked off 
the job, fed up with what they had to put up 
with for so many years. 



One of the things that had provoked 




them at that time was the death of two of 



their colleagues who during a storm sat in 
one of the huge trucks, and the mechanism had 
a failure, and they were crushed. Part of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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395 

their complaint was the fact that when it 
rained or snowed, they either had to work in 
the snow or go home without pay. They needed 
every hour of work they could obtain. 

White supervisors in the department 
could go back to the bams and drink coffee 
and play cards and would get paid for the 
entire day, but these ordinary people on the 
trucks lifting the cans and all did not, and 
there were no health benefits. Safety was an 
issue for them, the hazard of the job 
itself. 

So when these two men were killed, 
that stirred a great deal of anger and 
courage. So they almost unanimously walked 
off the job together without any plan of any 




kind. 



In February you don't have a 
sanitation strike. You do it in July. They 
hadn't talked to the international union or 
anybody. I mean, they made the decision 
themselves. Their anger in fact motivated 
them to have the courage to do it, so they 
did it. 

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396 

Well, that created consternation in 
the community, in the city as a whole. Mayor 
Henry Loeb immediately said it was illegal 
and they had to go back to work. They asked 
for negotiations and conversations which he 
for the most part declined. 

When the strike began, I immediately 
supported them and began to raise offerings 
in my congregation because I knew they would 
need food and would have to be helped. Other 
clergy did that rather spontaneously also. 

So a sizable group of us supported their 




demands for change from the very beginning. 



But the mood of the city was that the strike 
is illegal and they had no business doing 
it. So what happened was that you therefore 
had a stalemate and a confrontation. 

Q. How did Martin King become involved 
in that dispute? 

A. Well, a variety of us went to the 
meetings with the workers and we had been to 
help them in various ways. The international 
union did not abandon them in spite of the 
fact that there was no foresight in this. 

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They came in and worked with them and tried 
to work with the rest of us as well. 

We tried to work very hard to get 
the city council and the mayor to make an 
agreement and settle the strike. In a series 
of meetings with various people of the city 
council and in a series of meetings in the 
community with some businessmen behind the 




scenes working on it as well and a variety of 
clergy working on it behind the scenes, we 
thought we had an agreement where — I can't 
remember the exact name of the committee, but 
Councilman Davis chaired perhaps a labor 
committee or something like that. They had a 
big hearing in city hall. They agreed that 
they would propose an easy settlement of the 
strike. 

We agreed that we would then come 
back the next two or three days or the next 
councilmanic meeting for this settlement to 
be announced. It was to be at city hall 
after a few days. Then we got word that the 
meeting would not be at city hall because of 
the size, with many of us coming to the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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398 

meeting, and it was announced in the civic 
auditorium. 

When we arrived that morning at the 
civic auditorium there were perhaps eleven. 




twelve hundred people in all. Some of the 
city council people had come onto the 
platform. The lights were on, a microphone 
was available. They made the announcement 
that the council had decided that they would 
leave the matter in the hands of Mayor Loeb. 

So the agreement the previous days 
was faulted by the city council. After this 
announcement was made, the lights in the 
civic auditorium were all turned off, and 
they as much said the meeting is over. 

Well, that created a storm in this 
crowd, angry cries and all. A few of the 
clergy and a couple of the union — 
international union leaders, Jerry Worth in 
particular, we rushed to the platform and 
tried to get people to sit down and be calm 
and cool. There was no microphone, so we had 
to shout. But we managed to bring some 
calm. 

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399 




We requested the civic auditorium to 
turn the lights back on and give us a mic so 
we could sit there and have a meeting and try 
to manage this. In the process of that 
effort, we did manage to get people directed 
and get their energy directed, and we decided 
that we would walk in mass in the street from 
the civic auditorium down I guess it is Main 
Street past City Hall and to Mason Temple. 

A couple of the leaders, I don't 
remember who specifically, quickly got 
Commissioner of Fire & Police Holloman on the 
phone and got his permission that we could 
walk in a non-violent fashion down the 
street. 

So we announced this and directed 
the people go onto Main Street out the front 
doors and to gather and then we would proceed 
down the street and we said we have the 
permission of the city to do it. The 
commissioner of the fire and police issues 
permits for such a thing, such events in 



Memphis. 




So we got it started and organized. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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400 

Many of the stewards, many of the leaders and 
the clergy, in an orderly fashion we started 
on what would be Main, south on that street, 

I guess. Yes, it would be south on Main 
Street. Well, after we had gone about two 
blocks away from Poplar, out of nowhere 
appeared police cars, a whole line of police 
cars. 

We were walking on the right side of 
the street going south, and these cars came 
from the side streets onto Main Street and 
rolled up all along side of us so that there 
was a long line of police cars perhaps the 
length of the walk. We were a peaceful 
march. Then I noticed some of the cars 
coming over the yellow line and trying to 
intimidate some of us walking. I was towards 
the front of the March. 



As I always do in a demonstration, I 




try to keep my eyes on whatever is going on 
as far as the whole business to the best of 
my ability. So I turned around and went to a 
couple of the police cars and said, now, 
look, we have Holloman's permission to walk, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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401 

you guys are just trying to provoke an 
incident, so stay where you are, stay on that 
side of the line. 

Then a second time they moved over, 
and some of the sanitation workers put their 
hands on the car, the police car, as though 
to push it back, and I saw this from the side 
of my eyes, and I rushed back again a few 
steps and again told the sanitation workers 
to leave it alone and to go ahead and walk. 

They said, well, they are 
deliberately doing it. I said, I know, they 
are trying to make us break up, they are 
trying to find an excuse to stop us. Then it 
happened again and they moved over on the 




marchers. This time the sanitation workers 
put their hands on the car, and like that the 
police cars all up and down that line 
stopped. They were all filled with 
officers. 

These officers poured out of the 
cars with cans of mace and proceeded to mace 
everybody they could mace. They had some 
targets. They dragged off two or three 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

402 

people, I don't remember how many. People 
like Jerry Worth were given a full dose of 
it. I had glasses on, and so they are macing 
me in the face. 

I stayed on my feet and kept 
blinking my eyes rapidly. I got it into the 
eyes and I tried to cry so that my eyes would 
keep washing it out. The march was broken up 
in that fashion. I realized that they had 
planned to do it. 



I don't think Holloman had planned 




that to happen. I don't believe he did at 
all. But the officers in the field decided 
we were not going to march down to Mason 
Temple. 

So most people scattered. A few 
people were arrested. But some of us 
remained on the scene. So I suggested to 
those of us who were around, let's continue, 
we will walk on the sidewalk and we'll go on 
to Mason Temple. 

So as a consequence, we went - 
probably fifty, sixty of us we managed to 
stay together and we walked on the sidewalks 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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403 

and went on to Mason Temple. 

By the time we got there, people 
were coming from all directions, and lots and 
lots of clergy were descending on it. At 
that point we had a major community meeting 
that said that this was deliberate and we 



must organize ourselves to resist in every 




way we can and to see to it that this strike 
was successful. 

At that meeting, then, a strategy 
committee was appointed made up of 
representative people in the community and 
folk from the union. I had to leave because 
I had some hospital calls that were urgent, 
because this was about six o'clock, seven 
o'clock, now at night. So I left the meeting 
before it concluded. But I was asked to be a 
member of the committee. 

After I made my hospital calls and 
all and got back home probably nine, ten 
o'clock that night, I had a call, a phone 
call, as I recall, from Harold Middlebrook, 
one of the ministers in the city, who said, 

Jim, the committee was formed and you, of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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404 

course, know you are on the committee, but 
the meeting asked that you become chair of 



the strategy committee and call the 




meetings. I said, okay. 

I started organizing things. We had 
a meeting that Monday. This might have been 
a Friday. I called an immediately a meeting 
that Monday. We called at the meeting the 
members of the committee as Harold 
Middlebrook gave me their names during the 
weekend, and at that meeting we had our first 
strategy meeting about how do we mobili z e our 
community to really now stay behind this, 
because this is a serious struggle, what the 
police did was unwarranted. 

In that meeting we decided let's 
begin mass meetings. So we began planning 
and called mass meetings that very week, that 
is, a mass meeting being a gathering 
usually — not usually, but gathering in a 
church. This was a common model that we used 
throughout the 1960's in the South. 

Then we said we will bring in some 
national spokespeople. We mentioned Roy 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




405 



Wilkins, Bayind Rustin, a number of names, 
Martin King. So we made assignments to 
different people that worked with different 
names to get them there immediately for mass 
meetings. 

Of course, because of my ongoing 
connection with Dr. King, I was asked to 
contact Dr. King. I did almost immediately 
and asked him to come to Memphis. 

In our first conversation I briefed 
him on the march. He knew about it already, 
of course, because it was in the news. He 
agreed immediately that he would come, but, 
of course, he also said, you know my 
schedule, I have to negotiate with it. I 
understood that readily and easily and told 
him, well, you name the date and we'll be 
ready for you when you name the date. 

So we left off that phone call with 
his telling me that you keep in touch with 
me, if I'm not available, talk to Ralph 
Abernathy. I talked to Ralph, and we left it 




with that. He and I pretty much stayed in 
touch until he gave me the date of March 17th 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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406 

or 18th, I don't remember exactly. I didn't 
look it up. That is when he was coming. 

So that's how he got involved. And 
he was invited as a spokesperson, he was 
invited as who he was, as a symbol, and he 
was invited also because from my perspective 
the sanitation strike was a part of the 
movement up to that time. 

Q. How did he see this in relation to 
the Poor People's Campaign that was to 
descend upon Washington later that spring? 

A. Well, the executive staff of SCLC was 
very much opposed to him changing his 
schedule to come, but he insisted that the 
sanitation strike was an economic struggle in 
part and that he would nevertheless do it. 

The way he compromised with them was 
that in some of our planning meetings, we'll 




just have one of our planning meetings in 
Memphis, which means that we can do it there 
just as easily as in Atlanta or in Jackson, 

Mississippi, so we'll have an executive 
committee meeting. 

When they arranged that executive 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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407 

committee meeting, I suppose that King made 
the decision that he decided it would be in 
Memphis and brought the executive committee 
meeting to meet in Memphis I think on that 
Tuesday. It was the Monday that we had the 
mass meeting when they came to town. Then I 
think they met the next day as the executive 
committee planning the Poor People's 
Campaign. 

Q. So some of the planning took place 
here in Memphis? 

A. A lot of the planning took place here 
in Memphis then because not only did they 
have those meetings here, but then also they 




decided that Memphis would become the 
starting point for the caravan of poor people 
that would go — that would caravan to 
Washington. It was decided that Memphis 
would become the launching point for the Poor 
People's Campaign. 

Q. When he arrived on March 17th to 
Memphis, do you recall where he stayed, what 
hotel he went to? 

A. He stayed at the Rivermont. Now, I 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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408 

want to add to that that this was not the 
first time Martin King had been in Memphis. 

He had been in Memphis for a number of 
different things, for the National Baptist 
Convention, for SCLC board meetings. So 
Memphis was not a strange place for his 
coming here. 

I can say something more than that. 

In 1966 in June James Meredith started his 



march against fear into Mississippi. James 




Meredith was the first black man to be 



enrolled in the school of — in the law 
school at the university, in Ole Miss. So he 
decided to try to help break the fear that 
was in Mississippi among many, many black 
people registering to vote or any kind of 
participation in trying to change their 
situation, that he would do this one-man 
march. But he was shot just outside of 
Memphis in Hernando, Mississippi. 

I was in my office in the church I 
think it was the Monday that he was shot and 
immediately had a call from Martin King who 
said, have you heard about Jim Meredith being 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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409 

shot? I said, yes. He asked me if I knew 
how he was. I said I didn't know but I knew 
the hospital he went to. 

So he asked me if I would go make a 

call on him immediately on his behalf and my 

behalf, a pastoral call, and then say to him 




that he felt that we should not permit his 
shooting to stop his march, his injury to 
stop his march, and that some of us would 
come on the next day and pick up where he was 
shot and continue walking down the highway in 
Mississippi. 

So I agreed with that and said that 
was - felt that was absolutely right for our 
strategy. Then I immediately made 
connections with the hospital and with Jim 
Meredith's lawyer, attorney, who was a member 
of my church and a trustee in my church, A. 

W. Willis. So A. W. Willis immediately 
called his client and paved the way for me to 
go on to the hospital and see him. 

So that afternoon I went to the 

hospital, had prayer with him and talked and 

visited with him and told him about King's 

DANIEL, DILLINGER, DOMINSKI, RICHBE] 

(901)529-1999 

410 

call and that King would come to see him the 
next day. And he agreed to all of that and 



, WEATHEREORD 




so forth. 



So the next morning I picked Martin 
King up at the airport. As I drove up to the 
airport — we had a Dodge station wagon. By 
this time we had three young children. My 
wife and our sons were visiting in East 
Tennessee with her parents, so I was alone 
that week, and so I had the station wagon, 
and I drove it up to the airport. As I got 
to the departure concourse at the airport, 
the departure lane, I noticed two 
well-dressed black men on that patio, and as 
they saw me pull up, they walked towards the 
car and said. Reverend Lawson, you can park 
there and just leave it there, we talked to 
the police, airport police, and it is okay. 

That is the first time that had ever 
happened to me. They then came up to the car 
and introduced themselves. Then they said, 
the Commissioner of Fire & Police Claude 
Armour has detailed some of us who are 
homicide detectives and robbery detectives 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD 




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411 

and we have been instructed that any time 
Martin King, Dr. King, comes to this city, we 
will see to it that he is secure. 

Then he went on to say that if you. 

Reverend Lawson, will cooperate with us when 
he comes into town, if Dr. King will 
cooperate with us, he said, we can assure you 
that nothing will ever happen to Dr. King 
when Dr. King is in this city. 

So from that time on, whenever he 
came to Memphis, that group of homocide 
detectives and other detectives were relieved 
of all other duty. They gave him 
twenty-four-hour surveillance. They talked 
to his office and him about where you will be 
safest, where are the places he could be most 
secure. 

So he mostly stayed at the Admiral 

Benbow I think on Poplar and at the Rivermont 

at their suggestion most of the time. 

Q. One of those officers has testified 




before this court — 



A. Okay. 

Q. — about the removal of security in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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412 

the local conspiracy side of this case 
previously. 

Are you aware of other instances 

where that team was formed to protect Martin 

King when he came to Memphis? 

A. Well, don't recall them all, but I'm 
well aware that this happened more than once, 
because I know specifically Memphis became 
the organizing place for this March, then, 
through Mississippi, and my congregation, my 
church, became the center of it. We set up 
headquarters there, which meant, therefore, 
that I had to put into operation expanded 
phone lines and all of that, office space, so 
that we could do it. 

It also meant that Dr. King made 
frequent calls when he came into Memphis to 




join the march, because this was the best 
airport site, and, therefore, I do recollect 
that any number of times that detail was 
assigned to his care. 

Q. Are you aware of your own personal 
knowledge and recollection whether or not 
that detail was formed on his last fatal 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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413 

visit to Memphis? 

A. No. I happen to know afterwards that 
that detail was not organized on his April 
3rd visit to — April 3rd, 1968, visit to 
Memphis. They were not assigned. 

Q. His second visit, next visit to 
Memphis, after March 17th and 18th, was to 
lead a march on the 28th — 

A. Of March. 

Q. — of March? 

A. Yes. 

Q. Would you just briefly describe what 
you recall about that visit and that march 




which took place about a week before he was 
assassinated. 

A. Yes. When he spoke the Monday night 
of the 17th or the 18th, you should remember 
that this was the largest such mass meeting 
that had occurred in the movement up to that 
time in the southeast. Because in the 
Southern states we had no public places to 
meet. We couldn't meet in a high school 
auditorium. We couldn't meet in a high 
school stadium. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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414 

So when we had mass meetings, these 
were exclusively in black churches, and we 
did not have sizable church sanctuaries for 
huge meetings. In Birmingham in 1963, in 
order to try to accommodate the need for mass 
meetings, we would have meetings, mass 
meetings, the same evening in five, six, 
seven churches all around the city. And Dr. 

King and Dr. Abernathy would have to go to 




all five of those places and speak. They 
would end up one or two o'clock in the 
morning finishing those mass meetings. This 
was in Birmingham. We had no Mason Temple. 

I told Dr. King from the beginning 
that in Memphis we have sizable church 
sanctuaries, but we have the Church of God in 
Christ Mason Temple which will seat eight 
thousand people and another five thousand 
people can stand in the huge aisles easily 
and then with a big parking lot. 

The night he spoke, we probably had 
twenty-five thousand people jam-packed in the 
building and in the parking lot. It was a 
magnificent experience. But that was the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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415 

largest mass meeting in the movement in the 
Southeastern states that Martin King had 
spoken in. It was an extraordinary 
experience, and after he finished speaking. 



members of the executive committee of SCLC 




went to him and said we should come back and 



march with them. 

He called me over and said, what 
would it be like, Jim, if I decided to come 
back for a march? I said, wonderful, as far 
as we're concerned. Then he said, well, 
let's do it. He went back, then, and I 
suggested to him he go back to the podium and 
announce this. Of course, it was met with 
thunderous approval. 

Q. What happened, Jim, on that March on 
the 28th? 

A. All right. So on that march Dr. King 
and the folk who came with him were late in 
arriving. As I remember, we were supposed to 
start the march at ten. They did not get 
there for varied reasons until eleven. And 
against my better judgment, I went ahead and 
started. I won't go into all that because 

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416 



that is another whole story. 




We went ahead and started, but as we 
proceeded down Hernando Street to Beale 
Street, I saw that already there was no 
differentiation between those of us in the 
street and those on the sidewalks. It was 
not very orderly, from my perspective. But 
at the urging of others, we went ahead and 
did it. So we hit Beale Street and then 
turned on Beale Street towards Main Street. 
The block just before Main Street, I 
heard what I thought to be maybe windows 
shattering behind me. I was the marshal for 
the march, so I was up in front. But a group 
of other marshals, all clergy, were about a 
block in front of me. But the crowd was 
everywhere. When I heard that, I grabbed 
another marshal and asked him to go back and 
see what was going on and see if he could 
stop whatever it was and urged the marshals 
to become stronger in pushing the march into 
the street. 

Then I asked Assistant Chief of 



Police Lux, who had joined me in the street 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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417 

for a few moments, for a bullhorn, which he 
quickly procured for me. As I turned the 
comer at Main Street and looked ahead, I 
heard again what I thought to be some windows 
shattering behind me, but as I looked ahead 
on Main Street, in the next block and the 
next block, I was struck by, one, that in the 
second block ahead there were people on the 
street busting windows, but, more importantly 
there was a phalanx of police officers, I do 
not know how deep, in battle gear, helmets, 
shields, face shields, all across Main 
Street. 

When I turned that comer, they were 
there two blocks ahead. They were doing 
nothing to stop whoever it was busting 
windows right next to them. I said to 
myself, well, they are there in order to 
break up the march again. I said, their 
target will be Dr. King, Martin King. 




So I ran up to our group of 



marshals, which was about a block ahead of 
me, and said to them, I want you to stop at 
an intersection, I think I said, which was 

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about a half a block away from the phalanx of 
police. I said. I'm going to stop the march. 

I'm going to ask Dr. King to leave the area, 
and I want you to stand and turn to face us. 

I'm going to turn the march around. I want 
you to be the last group coming back down the 
street and we'll go back to the church and 
we'll disburse. 

So I rushed back, then, to the first 
line of the marchers, which Dr. King was in 
the center, and I said to him, Martin, the 
police are up ahead, they plan to break us up 
and you are going to be their target and I 
don't want you to be here. He protested. 

Ralph Abernathy was on one side of him and 
Bishop Smith, a CME bishop, was on the other 




side of him, and Henry Starks, an AME 
minister, was in the group there, and they 
all agreed with my analysis immediately. 

So I said, I know that you don't 
want to do this, I said, but I want you to 
leave, because I don't want them to get to 
you. I asked them then to go down McCall. I 
asked Henry to take Bishop Smith and Dr. King 

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419 

to McCall Street and go back to the Rivermont 
Hotel. I used the bullhorn to tell the rest 
of the marchers to turn around and go back to 
the church where we're going to disburse. I 
added that the police are planning to use 
their nightsticks and mace and what not on 
us, they are going to break us up, so let's 
go back. 

So in that spirit they turned around 
in the street and we proceeded to make our 
way back. I moved through the march with the 
bullhorn making this same announcement until 




I reached Beale Street. Then I went back up 
Beale Street again to continue making that 
announcement. We had an orderly return to 
the church. Some people stayed at the 
church, but others went on to their cars and 
went home per what we suggested people do. 

By this time I could see on Beale 
Street and Main Street havoc going on, mayhem 
going on, people busting up windows and what 
not, and the police very energetic in beating 
people up and dragging them through the 
streets. That police activity went on all 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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afternoon. There are lots and lots of 
witnesses to that. 

They used it as a pretense. They 
beat up Vietnam veterans who were having 
breakfast five blocks away. They beat up 
Harold Whalum, who was an insurance 
businessman well-known in the city. He was 
some blocks away. They broke his skull and 




so forth. He was not doing anything but 
walking to his car. 

Q. To your recollection, was that the 
first march or non-violent demonstration 
which Dr. King participated in which you were 
associated with certainly that turned 
violent? 

A. Well, let me say it another way. We 
had demonstrations where other people were 
violent toward us. The marches in 
Mississippi, the marches in St. Augustine, 

Florida, for an example, where we had 
deputized posse sometimes on horses throwing 
stones, beating up on us and what not. So 
the violence came then. 

At this time what I want to say is 

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very clear, and I'll write this in my memoirs 
one day, that it was the police violence that 
provoked this. There were probably 



provocateurs who did the looting. 




We learned later from our pictures 
and community photographers that many of the 
looters were Beale Street professionals who 
told our people that you dried up downtown, 
so you stopped us from working, that is, 
pickpockets who had no crowds on Main Street, 
for an example. I was astonished at this. 

We had many pictures, we had many leaders, 
many block workers, who went through all 
those pictures the next several days, 
pictures of looters and what not, trying to 
identify them for ourselves so that we could 
see what happened, what went on. 

Q. Were you aware of the presence of 
out-of-state people at that time? 

A. At that time I was not aware, but 
I'll never forget — I don't know if I would 
recognize him today, but I'll never forget 
one young man who I had never seen before, I 
tried to appeal to him. He was rabblerousing 

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about this isn't the way you can get anything 
done. Well, I spotted that immediately. One 
of the marshals told me before the march 
began. So I went to him. 

I went to the comer where he was 
rabblerousing and pulled his shirttail and 
asked him please to stop, that if he had a 
different theory, then he ought to take it 
someplace else, but if he was going to be on 
the march, he should try to carry out the 
leadership of the community and not go his 
own way. 

Q. Why did Martin King come back to 
Memphis after this march, this dismption, 
why did he come back to Memphis for the last 
time? 

A. Well, because we had a principle in 
the non-violent movement. It went like 
this: We will not injure you, but we will 
absorb your injury of us because the cycle of 
violence must be broken. And if we respond 
to your violence with violence, then all you 
do is escalate the violence. We want the 




cycle of violence in America and racism 

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stopped. So we will take it on ourselves, we 
will not dish it out in kind. 

The second issue that was important 
to us, we said, was that when the enemies 
proceed to do violence against us, we must 
not let their violence stop our movement. 

That had become kind of a cardinal notion in 
the movement all across the South. 

So as an example, when the freedom 
rides in 1961 hit bus burnings and vigorous 
assaults, the KKK and even the police in 
places like Montgomery, Alabama, all across 
the movement, we said, well, the freedom ride 
will continue. I myself went to Montgomery 
and was in the first bus from Montgomery to 
Jackson, Mississippi, where we were 
arrested. We said we cannot permit violence 
to stop us. 



Dr. King said I know that the 




non-violent movement can have a non-violent 



march in Memphis. So we will do it. He was 
quite determined to show himself and us and 
the nation that the movement could have a 
non-violent movement. 

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Q. So he returned to Memphis on the 3rd 
of April to have that follow-up March, a 
successful non-violent March? 

A. A non-violent March, right, to better 
organize it and everything else. 

Q. What can you tell us about that last 
visit to Memphis and what took place, your 
personal recollection, up to the time of his 
assassination? 

A. Let's see. Martin King came in I 
think the 2nd or the 3rd. I don't recall 
precisely. But one of the major issues when 
he came into the city was the fact that city 
government had taken a — had gotten a city 
court injunction against our marching. 




Very much in the movement, in the 
leadership of the movement, we had made the 
determination that when a city took an 
injunction against us, we would initially 
take it to federal court and try to get it 
overturned. If we could not get it 
overturned, we would march anyway. 

So when that injunction was taken 
out that early part of that week, I called 

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425 

him and let him know about it and told him I 
was putting together lawyers to go to the 
federal court and challenge it and see if we 
could get it reversed. 

So when he came in, first on our 
minds was that injunction that named the 
movement in Memphis, Dr. King, Jim Lawson and 
others. As I recall, that's the way the 
injunction was written. So that meant, among 
other things, being on the strategy 



committee, that I had to be the witness in 




court for Memphis, in the federal court. And 
Dr. King named Andrew Young to be his witness 
and spokesperson for SCLC. 

So we organized lawyers to challenge 
the injunction. We had meetings with them 
that week. And then when Martin came in, one 
of the first meetings we had was with the 
lawyers and Dr. King. 

Bill, I hope you'll understand — 

Mr. Pepper, I hope you'll understand that I 
use "Dr. King" and "Martin," but, remember, 
we had an eleven-year or so friendship and it 
was always "Jim" and "Martin" — 

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Q. Sure. No, that's fine. Of course. 

A. - on every situation. So that was 
the day. So on April the 3rd we had a 
meeting at Centenary United Methodist Church 
where he spoke to clergy. We had a mass 
meeting planned that night at Mason Temple 
April the 3rd. In mid-day or mid-afternoon 




on that April the 3rd, it began to storm in a 
typieally Memphis rainstorm. I have 
experienced no such storms like that in Los 
Angeles. But it began raining maybe three or 
four o'clock. This was not off-and-on 
raining. It was a steady downpouring the 
rest of that day. 

Of course, Martin and Ralph 
Abernathy were to speak in Mason Temple, but 
with that rain, when I went to pick them up, 
and I agreed I was going to pick them up, it 
was still pouring rain, and Dr. King was 
convinced no one would show up at that Mason 
Temple with all that rain. Ralph and I could 
not dissuade him. 

Finally, the three of us agreed that 
Ralph and I would go on to the meeting, and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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if we felt that Martin had to come to the 
meeting, then one of us would get him on the 
phone and call him back, that he would stay 




in the motel for the time being, but when he 
got his eall from us, that he would eome on 
over. So that's the way we left it. We went 
to the meeting. Of eourse, in the downpour, 
probably by this time four thousand, five 
thousand people, had gathered. 

They were, of eourse, obviously 
there to listen to Dr. King, not to me or not 
to Abernathy or to anybody else. And so 
shortly after we got there and sensed the 
meeting, I think Ralph was the one that went 
to the phone and ealled Martin and asked him 
to eome on. And he eame. 

Q. And delivered his last speeeh? 

A. And delivered that last speech in 
Mason Temple. That was an extraordinary 
experience, too. I've never been in a 
meeting like that before. 

Q. Did you see him at all the next day, 
which was the last day of his life? 

A. I saw him on my way to the federal 

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court. March the 4th was when we were having 
the hearing against the injunction. I went 
by the motel to visit with him briefly to go 
to court. And that was actually the last 
time I saw him. 

Q. So you didn't see him after that. 

What time of day was that? 

A. This was about nine o'clock. I think 
court was to open at nine or something like 
that. 

Q. Where were you when he was 
assassinated? 

A. I was in court until about — I got 
the judge to excuse me around two o'clock 
after I testified. I went back to our 
movement office in order to check phone calls 
and check the strategy of the march and do 
any other kind of business that needed to be 
done. 

Then by about five-thirty probably I 

started making my way home, because Dorothy 

and I had a solemn sort of eovenant that no 




matter what was going on in our lives, that 
we would gather for supper around six with 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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429 

the boys and eat as leisurely as we could. 

Then if I had to go back out, I went back 
out. 

So I moved on to home. Shortly 
after I got home, close to six o'clock, there 
was a television set on in an alcove off the 
dining room, and I heard something about 
someone being shot, and I was in the kitchen 
greeting Dorothy when I heard that over the 
television. I went to the alcove to see if I 
could find out what that was, and as I did 
so, then they flashed a kyrin on the bottom, 
writing on the television set, saying Dr. 

King has been shot at the Lorraine Motel, 
then another kyrin that said he was being 
rushed to St. Joseph Hospital. 

I immediately turned and told 

Dorothy what that was and had said, look, you 




will need to — I will rush to the radio 



stations to make comments to keep the 
community moving in the right direction. You 
should get ahold of Holloman and tell him 
that I'm breaking the curfew, because I'll be 
moving from place to place — and that is 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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430 

Erank Holloman, commissioner of fire and 
police — and tell him that he is to be sure 
that I had access to move about the city 
while this is happening. 

THE COURT: Give me five 
seconds. 

(Brief interruption.) 

Q. (BY MR. PEPPER) Jim, from that day to 
this have you been concerned about how Martin 
King was assassinated? 

A. Yes. Almost immediately there were 
things that troubled me about the 
assassination. I learned within the next 



day, next twenty-four hours, that his normal 




security group from the police department had 
not been assigned. 

I learned that one or two firemen, 
and I've not tried to check on these details, 
but one or two fire then who were in the fire 
station across the street katty-cornered from 
the motel, black firemen, were transferred 
from that station in ways that at least those 
firemen thought was unusual. They contacted 
me and Ralph Jackson and one or two others 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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431 

about their removal. They were not what they 
considered to be normal removals. The fire 
station let's say was over here and the motel 
here. It had clear vision. 

I learned that Ed Redditt, who was 
on surveillance from the fire station, was 
moved an hour before. I learned that patrol 
cars that were in the region when he was 
there patrolling on Mulberry and Main and 
what not suddenly disappeared, were nowhere 




to be found. 



I discovered that on April the 4th, 
the night of that day, that there was on the 
police band the notice of a white Mustang 
fleeing the city in the north who got away. 

There was never any explanation of how that 
call got on the police band. Ostensibly it 
was accessible only to the police. 

Well, now I know that there were two 
white Mustangs. I've met the drivers of both 
of them quite some time ago. The one driver 
was James Earl Ray. I visited him in 
prison. I can't remember the name of the 
other driver, but I sat in an airport in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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432 

Nashville two or three years ago with the 
second driver of the second white Mustang, 
and he told me who he was, why he was in 
Memphis and whose car this belonged to. We 
know now that there were two white Mustangs 



in Memphis on the April the 4th evening. 




These questions were never answered 
to my satisfaction. I pondered them. I 
wondered why when Martin King had stayed more 
often in the Admiral Benbow and in the 
Rivermont, I wondered where this letter came 
from or where this report in the newspaper 
came from about why is this civil rights 
leader not staying in the perfectly good 
negro motel, why is he staying at that white 
motel. I wondered about that. 

I wondered how they had two or three 
different names for whoever they were 
seeking, how did that go on? What was that 
about? Then when they captured James Earl 
Ray and they came to the prison, they fixed 
up — they had him in the county jail, and 
they fixed up a special cell with 
twenty-four-hour surveillance, no privacy, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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twenty-four-hour lights. He had no privacy 



whatsoever. He complained. 




I kick myself now that I did not go 
down to the county jail and talk to William 
Morris about why this was going on. It 
reminded me of something quite specific. It 
reminded me of the brainwashing that our GI's 
had in the Korean War. 

I'm a heavy reader, and I have 
followed much of public life for over fifty 
years in all kinds of newspapers, magazines 
in the nation, news magazines, magazines of 
all kinds. I've read Newsweek, for example, 
for over fifty years. I started in junior 
high school. So I've observed these things. 
When I saw this, I was astonished. 

I said to myself, what is going on here? 

This is the man, why are they torturing him. 
That was brainwashing from Korean experience 
according to the things I read from our 
GI's. If they've got the evidence about him, 
why not just simply go to trial. 

Then when they had the 
plea-bargaining business, I said to myself. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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434 

here is this justice system, the most 
important American perhaps other than the 
President of the United States has been 
killed, and they are going to have a 
plea-bargaining instead of a full-scale trial 
so that a court of law can tell us, can give 
us a full transcript of what that murder is 
about. 

So these things bewildered me and 
made me upset. As I said, I fault myself 
that I did not take up the cudgels in 
especially 1968, the end of 1968, 1969, when 
James Earl Ray was petitioning the court for 
relief from this treatment that was making 
him sick, keeping him from being able to 
sleep, therefore keeping him from being able 
to deal with what was going on and what he 
needed to do for his own defense. 

Q. Have you maintained your interest 
down to the present day — 



A. Oh, yes. 




Q. - in respect of this case and 
efforts, your efforts? 

A. Yes. I followed the Congressional 

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hearings in the late 1970's or whenever that 
was. I talked with Congressman Walter 
Eountroy, who was the chairperson of the King 
investigation, visited him in his office. 

I talked with him, I talked to some 
of their — I guess their investigators by 
phone. I was called before that 
Congressional committee. But when they were 
putting my session in executive session, I 
declined, because I felt that if you are 
going to have hearings on this important 
matter, they should be public. 

Q. Will you explain to the jury and the 
court what "executive session" means? 

A. An executive session meant there with 
be no public there, no newspaper, just the 
committee asking the questions and just the 




witness. They wanted to question me under 
executive conditions. 

I frankly told the committee — I 
went in and told the committee that I 
wouldn't testify under those circumstances. 

I think this was too important a matter for 
them to hold execute sessions. 

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436 

Q. Did you form any personal opinions 
yourself with all of your concerns and your 
consideration of this case? 

A. Well, especially in the 1970's when I 
went and visited James Earl Ray in prison, 
which I did do. I had read all along the EBI 
scenarios that James Earl Ray was a racist. 

Well, when I visited with him the first 
couple of visits I could not discern that he 
was racist any more than any of the rest of 
us are racists. 

As a black man, I think in my 
relationships with all kinds of people I can 




discern and have been able to discern when 
people are in trouble from their prejudices 
and bigotries. It is not only in their eyes 
but it is in their face, it is in their 
language. I did not catch any of that from 
James Earl Ray. 

In comparing notes with people like 
Ralph Abernathy and Jessie Jackson and Dick 
Gregory, they all said that in their visits 
with him, they could not discern that he was 
a racist. I think that group of men would be 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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a better judge of who is a racist from close 
up than anyone else, certainly better than 
the EBI. 

So that gave me some grief, because 

it just seemed to me the motivation they were 

putting up was absolutely wrong. Of course, 

I continued to have relationships with James 
Earl Ray and was at his funeral, I married 



him in jail, I visited him within the last 




couple of weeks of his death, had about an 
hour and a half long visit with him. It was 
a pastoral visit. I prayed with him. I read 
scripture to him. I was just convinced that 
the man was not a racist. 

Q. Finally, Jim, this action in civil 
court, this civil court proceeding here, is a 
conspiracy and a wrongful death action. It 
concerns a family who have lost a husband and 
a father. 

A. Right. 

Q. But because of who that husband and 
father was, it is not — it doesn't stop 
there in terms of a loss to the nation. 

Could you just finally summarize for us what 

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438 

you think is the loss to this Republic of 
Martin Luther King. 

A. Well, from my point of view in the 
1960's Dr. King was the Moses of this 
generation and for America. He was a prophet 




for the nation. He was the centerpiece of a 
movement that was emerging. And the work — 
the movement had not yet matured in spite of 
the controversy within the struggle, which 
was natural. 

King was the central voice for the 
black people of America with no one close to 
representing what he represented for us. You 
can go back and search the national studies 
of that matter. Ninety-eight percent of 
black people in America said that King 
represents us. No one was close to ten 
percent to that. 

So in spite of all the 

controversies, then and since, he was the 
architect of the movement. And the movement 
was at a critical place. We knew that we had 
to redirect our energies. 

In 1967 he and I had several 

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conversations about the need for a 




moratorium. We had agreed after one of our 
conversations in December that after the Poor 
People's Campaign we're going to call off all 
demonstrations among ourselves and we're 
going to take six or eight months to 
restructure and reorganize. 

He and I had agreed in that meeting 
at the staff and the board in December where 
we talked at length about this that we would 
continue our conversations in 1968 through 
the Poor People's Campaign and then 
afterwards SCLC was going to take a major 
leap forward for the purpose of 
reorganizing. 

We didn't have a national movement 
yet. We had had cosmetic changes that were 
important, the Civil Rights Bill of 1964, the 
Voters' Rights Bill of 1965, the anti-poverty 
program. There were a whole slough of things 
that were happening. But the structures of 
the injustice and cruelty had not yet been 
challenged and had not yet really begun to 
change. These still have not changed. 




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So we were at a critical point. In 
my judgment the assassination of Martin King 
and the assassinations of the 1960's, 
including the assassination of Malcom X, 
meant that the movement did not have the 
chance to go to the next stage. And young 
men like King and Malcom X and some others 
represented emerging leadership that would 
have been able to help the movement and the 
nation do some major reform. 

Q. Has that leadership ever been 
replaced? 

A. No, of course not. The 
assassinations of the 1960's changed the 
nation forever. We are worse off in many 
ways than ever before. 

Right now we have nearly forty 

million impoverished people in our country. 

Two hundred babies die every day in America 



before they are one year old because they do 




not have the access to the nourishment they 



need in order to live. These are white 
babies, these are black babies, these are 
Latino babies. These are babies from many 

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different walks of life, and they are babies 
of every state of the union. That is 
disgraceful. 

Q. And of every color and complexion? 

A. Of every color and complexion. 

Q. So was he not in fact the leading 
spokesman and advocate for the wretched of 
the earth? 

A. Yes, exactly. Exactly. America has 
never been able to deal with the issue of 
slavery, never been able to deal with the 
issue of the oppression of women, never been 
able to deal with the issue of the notion 
that even today many huge business people 
have mainly that a lot of people ought to 



work and not make living wages. 




These are three major issues that 
this nation has been unable to face. They've 
not been able to deal with the violence with 
which we maintain this status quo that hurts 
and maims many souls. 

The movement was aimed at reversing 
that. King's motto was, the SCLC motto, it 
was not civil rights, it was redeem the soul 

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of America. That was our motto. 

So you see right away that that is 
much larger than getting a hamburger at a 
lunch counter. 

MR. PEPPER: Nothing further. 

Thank you, Jim. 

THE COURT: Mr. Garrison. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Reverend Lawson, you and I have 
talked previously. I have just a few 
questions to ask you. You had mentioned 




earlier, I believe, that Dr. King had several 
threats on his life. Was this within close 
proximity of the time of the assassination 
that you are aware of? 

A. The threats upon his life were 
daily. The rumors in Memphis were rampant 
about death threats to him. Afterwards I had 
calls from people who told me, for example — 

I won't name the businessman who had a woman 
who was his housekeeper who said that while 
she was serving him supper, they were talking 
about the imminent assassination of Martin 

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443 

Luther King in Memphis. This was just maybe 
the week before the assassination. 

Q. You weren't there the day of the 
assassination — I mean, you were not at the 
location? 

A. I was not at the motel at the time. 

Q. Have you ever had any investigation 
or that you have conducted that would 




indicate as to where the shot may have come 



from? 

A. Oh, yes. I can't name them all, but 
there were at least — there were five or six 
people on the grounds at the time that the 
FBI and the local police never interrogated. 

Jessie Jackson was on the ground floor. He 
has never been interrogated. 

Jim Orange was one of our field 
directors. He claims that he saw a figure 
and smoke in the brush outside — this side 
of Main Street. He has never been 
interrogated. 

There is a New York Times reporter 

who was on the same floor of the balcony. He 

has written this in his book now, that he has 

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444 

never been interrogated. He saw smoke or a 
figure in the brush above the motel (sic). 

So there were a number of people who 
were on the scene who are not to be found in 




the Congressional record or in the official 
police reports, but they were there. 

MR. GARRISON: I believe that's 
all I have. Thank you. 

MR. PEPPER: Nothing further. 

THE COURT: All right. You can 
stand down, Reverend Eawson. We're going to 
lunch. I know you don't want to remain this 
the courtroom at this time. 

(Jury out.) 

(Eunch recess.) 

THE COURT: All right. Bring 
the jury in, please. 

(Jury in.) 

(Bench conference outside the 
presence of the court reporter.) 

THE COURT: All right. You may 
call your next witness, Mr. Pepper. 

MR. PEPPER: Thank you. Your 
Honor. 

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Plaintiffs call Maynard Stiles. 

MAYNARD STILES 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Mr. Stiles. 

A. Good afternoon, sir. 

Q. Thank you very much for coming here 
this afternoon. 

A. You are welcome. 

Q. Would you state your full name and 
address for the record, please. 

A. My name Maynard Stiles. I reside on 
Highway 57 in Eayette County, Tennessee. 
Q. And you are presently employed? 

A. No. I'm retired. 

Q. And how long have you been retired? 

A. I retired in January of 1989. 

Q. What did you do prior to your 
retirement? 

A. I served in various capacities of the 
City of Memphis, including the director of 




fire services, director of public works, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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director of sanitation services, purchasing 
agent for the city. 

Q. You've been a long term public 
servant in Memphis and Shelby County? 

A. I was there for a few years, yes, 
sir. 

Q. Were you at one time an official with 
the Department of Public works? 

A. Well, I was director of public 
works. Prior to that I had been 
administrative assistant to the director of 
public works, and sanitation at one time came 
under public works, and I was in the 
Sanitation Department at that time. 

Q. I see. Did the Sanitation Department 
come under public works in 1968? 

A. Yes, it did. 

Q. And what was your capacity in 1968? 



A. You know. I'm not sure I can tell 




what you the exact title was. It was either 
a division superintendent or a district 
superintendent, whichever was higher, within 
Sanitation. 

Q. So you were a senior official in the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Sanitation Department at that time? 

A. I was over approximately one-third of 
the city. 

Q. What did your duties encompass in 
that position? 

A. Well, the collection of garbage was 
primary, but there were various and sundry 
other things, such as street cleaning, the 
collection of trash, the operation of 
landfills and various administrative duties. 

Q. Right. Were there any sort of 
cleanup duties connected with your office at 
that time? Were you overlooking any of that 
activity? 

A. Well, we did cleanup on a continuing 




basis. After the strike, everything was 
combined — or when the strike began 
everything was combined and we worked out of 
one operation, and one of my duties at that 
time was liaison with the Memphis Police 
Department, and it could encompass anything. 

Q. Right. So you were a liaison officer 
from the Sanitation Department to the Memphis 
Police Department at that point in time? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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448 

A. At that point in time. 

Q. All right. Who was the Memphis 
police department officer or inspector who 
was your counterpart or with whom you 
liaised? 

A. I believe that was Sam Evans. 

Q. Inspector Sam Evans. Now, on the 
morning of April 5th, 1968, the morning after 
the assassination of Martin Luther King, did 
Sam Evans call you early in the morning? 



A. I received a call from Inspector 




Evans on or about seven a.m. requesting 
assistance in clearing brush and debris from 
a vacant lot in the vicinity of the 
assassination. 

Q. If you would just cast your eyes over 
here, Mr. Stiles, for a moment, this drawing 
shows Mulberry Street and South Main Street, 
and in between the two of course the fire 
station, parking area and a rooming house, 
and behind this rooming house a grassy or 
brushy, woodsy kind of area. Was that - 
would that be the area that Inspector Evans 
requested that you clean up? 

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A. That appears to be the area that he 
requested we send crews to assist in the 
clean-up, yes. 

Q. Right. And what did you do in 
response to to that request? 

A. I called another of the 



superintendents in sanitation, Dutch Goodwin, 




and he assembled a crew working under a 



foreman, Willie Crawford. They went to that 
site and under the direction of the police 
department, whoever was in charge there, 
proceeded with the cleanup in a slow, 
methodical, meticulous manner. 

Q. And about what time of day would they 
have started that clean-up? Do you know? 

A. Well, I can't tell you exactly. But 

if I didn't get the call until after seven 

and I called them immediately afterwards, by 

the time they got crews together and got 

there, it probably was no earlier than ten 

a.m. 

Q. Okay. So they started that morning, 
as you call it, with a meticulous cleanup of 
this entire area that was over grown, heavily 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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450 

over grown with brush and bushes? 

A. Correct. 

Q. Did you yourself go by that scene to 




see how it that cleanup was progressing at 
any time? 

A. I didn't go by to see how it was 
progressing. I went by to see if I could 
give them any assistance in any other way. 

Because it wasn't up to any of us as to how 
it was progressing. That was up to the 
police department. 

Q. Do you know how many men were 
actually — did you notice how many men were 
actually involved in the cleanup over there 
of the brushy area? 

A. I'm afraid my thirty-five year old 
memory is not quite that good. 

Q. Would it have been more than two? 

A. Yes, it would have been more than 
two. 

Q. Right. Okay. So there is no 
question in your mind that that area, that 
brushy area, was carefully, meticulously, 
cleaned up on April 5th, starting on April 

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5th, the morning after the assassination? 

A. That's correct. 

MR. PEPPER: Thank you, 

Mr. Stiles. No further questions. 
CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Mr. Stiles, let me ask you 
something. When you were there — you were 
there the day it was being cleaned up. Am I 
correct, sir? 

A. That's correct. 

Q. Did you see anyone in that area other 
than the Memphis public works personnel that 
you noticed? 

A. Well, representatives of the police 
department. 

Q. But most all city employees that you 
see in that area that you recall? 

A. If I'm not mistaken, I saw someone 
taking pictures. Now, whether that 
individual was a representative of the police 
department or a civilian photographer, I 




can't say. 

MR. GARRISON: That's all. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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452 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Mr. Stiles, has any researcher or 
book writer, particularly in recent times who 
has written about this case, attempted to 
interview you and take your story with 
respect to this cleanup? 

A. No. 

Q. No one has? 

A. No book writer. I've had contacts 
from the Justice Department. 

Q. Yes, of course. But no book writer 
has tried to take your story and research it? 

A. No. 

MR. PEPPER: Nothing further. 

Your Honor. 

THE COURT: All right, 

Mr. Stiles. You may stand down. You can 




remain in the courtroom or you are free to 
leave. 

(Witness excused.) 

THE COURT: Your next witness. 

MR. PEPPER: Plaintiffs call 

Olivia Catling to the stand, Your Honor. 

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453 

OEIVIA CATEING 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Ms. Catling. Thank 
you very much for joining us this afternoon 
and coming down. 

Could you state your full name and 
address for the record, please. 

A. Olivia J. Catling, 375 Mulberry. 

THE COURT: Spell your last 
name, ma'am. 



THE WITNESS: CATEING. 




THE COURT: Catling. Thank 



you. 

Q. (BY MR. PEPPER) Ms. Catling, I 
believe you have carried some burdensome 
information with you for over thirty-one 
years. Is that right? 

A. I do. 

Q. You've come here this afternoon to 
share it with us. Is that right? 

A. I will. 

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454 

Q. And have you ever told this 
information to anyone else? 

A. No, I haven't. 

Q. Either inside or outside a court of 
law? 

A. Outside — outside the court there 
have been times I have. 

Q. You have? 

A. With the kids or whatever, husband. 



whatever. 




Q. Members of your family? 

A. Uh-huh. 

Q. Ms. Catling, could you tell us where 
your house is on Mulberry Street? 

A. My house is between Ruling and Talbot 
just off of Main. 

Q. Just off Main? 

A. Uh-huh. 

Q. Where were you living in 1968, on 
April 4th, 1968? 

A. At 375 Mulberry. 

Q. All right. Now — 

MR. PEPPER: May I approach. 

Your Honor? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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455 

THE COURT: Yes. 

(Mr. Pepper approaches diagram on 
easel.) 

Q. (BY MR. PEPPER) Now, where is 375 
Mulberry from here? This graph is cut off 



right at Ruling. 




A. That's Huling. 

Q. The other side of Huling? 

A. Uh-huh. 

Q. On which side of Huling? 

A. Where I was standing or what? 

Q. Which side of Mulberry was your 
house? 

A. That side. 

Q. That side? 

A. Uh-huh. 

Q. The west side? 

A. That's right. 

Q. And where were you on the 4th of 
April, 1968, at around six o'clock in the 
afternoon? 

A. It was just before six o'clock. 

Q. Just before six o'clock. Where were 
you at that time? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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456 

A. I was at home. 



Q. You were at home. What did you hear 




around that time? 



A. The shot. 

Q. You heard a shot? 

A. I sure did. 

Q. You heard it clearly? 

A. Clearly. 

Q. What did you do after you heard that 
shot? 

A. I broke and ran out of the house. I 
ran to the corner of Ruling and Mulberry. 
Q. But did you do something at home 
before you ran out? 

A. I was cooking some chicken. 

Q. That's all right. What did you do? 

A. I turned it off. 

Q. So you turned off the stove? 

A. Yes, I did. 

Q. Did you have any children about? 

A. The kids was out front. 

Q. They were out in front of the house? 
A. Uh-huh. 

Q. All right. What did you do with 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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457 

respect to the children? 

A. We all ran down there. 

Q. You all ran down there? 

A. We ran. We didn't walk. 

Q. You ran? 

A. Because I said, oh my God, Dr. King 
is at that hotel. 

Q. Right. 

MR. PEPPER: Your Honor — 

Mr. Garrison, would you like to come around 
and see the front of this? 

MR. GARRISON: That's okay. 

I've already seen it. I'll come around, if 
necessary. 

Q. (BY MR. PEPPER) So you ran down to 
the corner of Ruling — 

A. Uh-huh. 

Q. — and Mulberry, which is right here? 

A. Right. 

Q. Did you cross the street or did you 



stay on the north corner? 




A. I stood there on the comer. 

Q. You stood there on that comer. Why 
did you stay on that comer? Why did you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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458 

stop there? Why didn't you cross the street? 

A. Well, one reason why we didn't cross 
the streets is because there were some squad 
cars coming. 

Q. There were squad cars coming? 

A. Uh-huh. 

Q. Had they arrived at this area by 
then? 

A. No. 

Q. Where were they coming from? 

A. Main. 

Q. So they were coming down Ruling — 

A. Down Ruling. 

Q. East on Ruling from South Main Street 
toward Mulberry? 

A. Right. 



Q. And you just stopped there? 




A. Right. 

Q. What did those squad cars do and 
where did they go? 

A. They stopped across Mulberry. It was 
like putting a block in there. 

Q. They parked across Mulberry? 

A. Uh-huh. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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459 

Q. They barricaded the street at that 
point? 

A. That's right. 

Q. Now, as you stood on that street 
comer, did you notice anything strange or 
different happening in the area? 

A. There was a car there. 

Q. There was a car? 

A. Uh-huh. 

Q. Where was that car parked? 

A. On Ruling. 

Q. On Ruling. Where on Ruling? 

A. Just about - I would say it was on 




Ruling parked to the right on Ruling, about 
along in there. 

Q. Right-hand side of Ruling? 

A. There is not quite an alley in there, 
but there is more like a driveway in there. 

It was parked just below there. 

Q. Just below that alley, the driveway? 

A. Right. 

Q. Right there at the right-hand side of 
the street? 

A. Right. 

DANIEL, DILLINGER, DOMINSKI, RICRBERGER, WEATREREORD 

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460 

Q. What kind of car was that? 

A. It was a 1965 Chevy. 

Q. A 1965 Chevy? 

A. Chevrolet, yes. 

Q. What color was it? 

A. It was green. 

Q. It was green. You remember that to 
this day? 



A. I can't forget it. 




Q. Okay. So you saw that car parked 
there? 

A. Uh-huh. 

Q. As you stood on the corner? 

A. Right. 

Q. Then did you observe something a 
short while later while you were still 
standing on that comer? 

A. Yes. There was a man. 

Q. You saw a man? 

A. Yes. 

Q. And where did you see this man? 

A. It is almost like that little alley 
there. 

Q. Yes. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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A. I call it a driveway, right in there. 

Q. Right here? 

A. That's where he came out of there. 

Q. He came out of this alley? 



A. That's true. 




Q. And what was he doing? 

A. He ran around the back of the car. 

Q. He ran around the back of the car? 

A. Uh-huh. 

Q. He got in the car? 

A. Yes. You want to know how he was 
dressed? 

Q. Yes. Why don't you tell us how he 
was dressed. 

A. He had on a checkered shirt, khaki 
pants, he had on a light hat, light-colored 
hat. 

When he did that, he got in the car, 
he made a left turn on Mulberry, went back 
down Mulberry, he went to Vance, he made a 
right turn on Vance going east. 

Q. You saw him run through this alley, 
get in this car — 

A. True. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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462 



Q. — drive and make a left on 




Mulberry — 

A. True. 

Q. — go to Vance, which is the next 
street? 

A. Right. 

Q. And take a right? 

A. Took a right. 

Q. Was he driving quickly? 

A. There is another street in there 
called Talbot. But he crossed Talbot. He 
went to Vance. He went east on Vance. 

Q. Was he in a hurry? 

A. Oh, yes. 

Q. How fast was he driving? Very, very 
quickly? 

A. You really want to I know what I 
said? I said, it is going to take us six 
months to pay for this rubber he is burning 
up. That's how he was going. 

Q. That's how he was going? 

A. That's right. 

Q. My goodness. Now, this alleyway goes 
through to the buildings that front on South 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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463 

Main and back on Mulberry? 

A. No, that alley shuts off at that 
building. He had to come down that wall 
because that alley, it shuts off that 
building. It has got a wall against it. 

Q. So the alley dead-ends just before 
that? 

A. Uh-huh. 

Q. He came from somewhere, you don't 
know where, of eourse, but from somewhere — 

A. When I saw him, he was coming out of 
a hole. It is not really an alley. It is a 
driveway, because they park cars in there 
now. 

Q. Right. So it a driveway? 

A. Uh-huh. But at that time it wasn't a 
driveway. 

Q. Right. Was this oecurrence that you 
saw this, this man running through the alley. 



getting in the car and speeding away, was he 




also see as you stood on that corner a 



, WEATHERFORD 




fireman standing somewhere near the wall and 
the bushes — 

A. I did. 

Q. — the brushy area? 

A. I did. 

Q. How was this fireman dressed? 

A. In his regular firemen clothes, like 
maybe white shirt, standing out. There was 
DANIEL, DILLINGER, DOMINSKI, RICHBl 
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more than him there, but the rest of them was 
down there at Mulberry and the next street 
down. 

Q. Butler? 

A. Just behind the Eire Department. 

This one particular fireman, he was standing 
alone by himself. 

Q. He was standing alone by himself. 

What was he doing? 

A. Well, I imagine he was trying to get 
a glimpse of Dr. King, but it happened before 



he did. Then do you want me to tell you what 



WEATHEREORD 




he told the police? 

Q. Yes, Ms. Catling, that would be 
helpful. 

A. He told the police — he said, "That 
shot came from those clump of bushes." 

Q. Could you hear him distinctly say 
that? 

A. Yes. I was standing there on that 
comer, and I've got good hearing. 

Q. You heard him say to the police in 
the area, "That shot came" - 
A. From that clump of bushes. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. — "from that clump of bushes"? 

A. And he pointed to them. 

Q. I see. What did the police do when 
they heard him say that? 

A. Stepped across the street with their 
guns drawn. 

Q. Did they listen to him? 

A. No, I would say they did not listen 




to him. The only thing they did is they 
walked across the street with their guns 
drawn towards that clump of bushes. 

Q. You heard him distinctly say that to 
the police at that time? 

A. I did. 

Q. How long did you stand on that 
comer, Mrs. Catling? 

A. Until the ambulance came. 

Q. And took Dr. King away? 

A. Uh-huh. And also Mrs. Bailey, 
because both of them died at the same time. 

Q. Mrs. Bailey, because she collapsed as 
well? 

A. Yes. 

MR. PEPPER: Ms. Catling, thank 

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you very much. No further questions. 

THE COURT: Mr. Garrison. 

CROSS-EXAMINATION 



BY MR. GARRISON: 




Q. Ms. Catling, if I might ask you a few 
questions. I still didn't understand the 
spelling of your last name. 

C AT- 
A. LING. 

Q. - L I N G? 

A. Uh-huh. 

Q. That's what I thought it was. I just 
want to be sure. On the day this occurred 
and you were cooking some food, did you hear 
the shot before you went outside? 

A. No. I heard the shot in my kitchen. 

Q. You were in the kitchen? 

A. I sure did. 

Q. Okay. Is that like a block away or 
half a block away? 

A. It is not a block away, it is not 
even a half a block away. 

Q. Pretty close? 

A. You can run down there in two 

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468 




minutes. 



Q. Were you able to tell which direction 
the shot sounded like it came from? 

A. From the sound, the way the sound 
came from, like the sound was on the side of 
the street that I live on. 

Q. Okay. So which side do you live on 
again? 

A. When you are going south, my house is 
sitting to the left. 

Q. So would you be on the southeast 
comer? Would that be a fair statement? 

A. No. I'm not on the comer. 

Q. Okay. 

A. There is a building there. I'm just 
down the street below that building. 

Q. I see. This Chevrolet car that you 
saw - you said it was a Chevrolet, I 
believe, didn't you? 

A. Correct. 

Q. What color was it? 

A. It was green. 

Q. A green car. Was it a large 




standard- sized car or smaller car? How would 



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469 

you describe it? 

A. You wouldn't consider it — may I say 
something? 

Q. Yes, ma'am. 

A. You wouldn't consider cars at that 
time small cars because, see, my husband had 
a Chevrolet, that's the reason why. 

Q. That's why you remember it? 

A. Yes. No small car. 

Q. But was it a standard-size car or 
smaller? 

A. Yes, it would be a standard size. 

Q. Was it two-door or four-door, do you 
remember? 

A. It was two-door. 

Q. When this person came up to it, did 
he have to unlock it to get into it? 

A. Yes, he did. 

Q. Did he have anything in his hands. 




Ms. Catling? 

A. No. 

Q. He didn't - 

A. He didn't have anything in his hands. 

Q. Nothing was in his hands? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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A. Nothing was in his hands except his 
car keys. 

Q. He had to unlock it? 

A. Uh-huh. 

Q. Then he got in it and started it? 

A. And took off. 

Q. Which direction was it facing? 

A. It was facing — this is Huling. It 
was facing Mulberry. That's the reason why 
you could make such an easy left turn and go 
down Mulberry. 

Q. He burned a lot of rubber, in your 
words, the way you described him getting 
away? 



A. He certainly did. As a taxpayer. 




yes. 

Q. He turned off of Mulberry onto what 
street? 

A. Onto Vance. 

Q. That's the last you saw of him? 

A. That's the last I saw of him. 

Q. How many police officers were out 
there that you saw? You stated there were 
some officers that seen him. How many were 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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there around there? 

A. There was around four squad cars. 

Q. Eour different cars? 

A. Squad cars. I call them squad cars. 

Q. How far away from his car were they 
parked? 

A. They came and parked on Mulberry, to 
block Mulberry off. They did not block 
Huling off. They blocked Mulberry off. 

Q. Okay. When he left, he had gone down 



Mulberry? 




A. Yes. 



Q. But did he go past the police cars? 

A. No. He didn't have to pass them. He 
passed the police cars, but the police cars 
were sitting at the end of Mulberry and 
Huling. 

Q. Let me ask you this again: How far 
was the police car from his car? The nearest 
police car was how far from his car? 

A. From where he was parked? 

Q. Yes, ma'am. Where he got his car, 
how far was the nearest police car to his 
car? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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472 

A. Huling is on the corner. He was 

parked just down Huling. That made the squad 

car parked on Mulberry. 

Q. Would that have been two or three car 
lengths or more than that or less than? 

A. It could have been the length of 
where he parked his car, it could have been 




three car lengths, it could have been two car 
lengths. 

Q. Each police car had several officers 
in it? Each police car had several officers 
in it? 

A. I wouldn't say seven officers, 
because they don't ride seven deep. 

THE COURT: He didn't say 
"seven." He said "several." 

THE WITNESS: Well, anyway, that 
could mean two. Your Honor. 

Q. (BY MR. GARRISON) There were many 
police officers out there? 

A. Beg your pardon? 

Q. There were many police officers out 
there? 

A. There was many of them. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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473 

Q. They were in uniform? 

A. Yes, they were. 

Q. What were they doing, Ms. Catling? 




A. Standing. 

Q. Just standing looking? 

A. Yes. 

Q. Did they have guns in their hands? 

A. Yes. 

Q. Did you point out to those officers 
that this gentleman had run out of an alley 
and got in a car soon after the shot and was 
getting away? 

A. Could I really have my say? 

Q. Yes, ma'am. You sure do. 

A. As many neighbors as there was in 
that neighborhood, they never came to us and 
asked us one question. 

Q. But you didn't volunteer this to the 
police? 

A. I didn't volunteer. They didn't 
ask. They should have came and said, what 
did you see, did you see anything, tell us 
what you see. 

Q. How close to the scene of the 

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474 



assassination did you get that day, would you 
say? 

A. I was, like I said, on the corner of 
Huling and Mulberry. 

Q. You said that was less than a half a 
block away? 

A. Oh, sure. You know it is way less 
than that. From there to 400, it is just a 
hop skip and jump. 

Q. When the fireman told that the shot 
came from the brush area, you heard him 
saying something like that? 

A. Right. 

Q. Did you look up there — 

A. No. 

Q. — in the brush area? 

A. No. 

Q. You did not? 

A. The police was not going to let us 
cross there. 

Q. But you didn't look up there when he 



said that? 




A. No. 



Q. So you didn't see anyone in the brush 

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area because you didn't look up there. Is 
that correct? 

A. Uh-huh, because, after all, a portion 
of that building still covers that section. 

Q. You had been living there a long 
time, Ms. Catling. Those trees and brushes, 
had they been there a long time? 

A. They always grew there. They always 
grew there. 

Q. They hadn't been cut in a long time? 

A. Yes. 

Q. This fireman that you said made the 
statement about where the shot came from, 
where was he located when he made that 
statement? 

A. Just across from the hotel. He was 
down on the — 



Q. He was on west side of Mulberry? 




A. Yes. We all was on the same side of 



the street, on the same side of Mulberry. 

Q. And the fireman was in uniform? 

A. Yes, he was. 

Q. What was his race? Was he white or 
black? 

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A. Yes, he was white. 

Q. This gentleman that got in the 
Chevrolet car, what was his race? 

A. He was white. 

Q. And were you able to describe about 
what age person he might have been? 

A. He could have been in his late 
thirties. 

Q. What was his build? Heavy, medium, 
light? 

A. May I try to give you his height? 

Q. Yes, sure. 

A. He weighed about a hundred and 
eighty-five to ninety pounds, he was a 




five-feet-ten man. My husbands is six feet. 

So I could measure him as a little bit 
shorter than my husband. 

Q. A little bit shorter than your 
husband? 

A. Right. 

Q. Ms. Catling, at the time you had 
lived there, had you ever seen anyone up 
walking in that brush area up there ever? 

A. Never have. 

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Q. You never have seen anyone? 

A. No, no. 

MR. GARRISON: That's all the 
questions I have. 

MR. PEPPER: Just a bit more. 

Your Honor. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Ms. Catling, the man whom you saw 
running from the alley onto Ruling minutes 




after the killing got into the car and drove 
away with the Memphis Police Department 
officers watching him drive away, had you 
ever seen that man before in that 
neighborhood? 

A. I never had seen him before. 

Q. Have you ever seen him since? 

A. No, I haven't. I haven't seen him 
since. 

Q. Ms. Catling, the fireman who you saw 
at the foot of the wall yelling to the police 
that the shot came from the clump of bushes 
minutes after the shooting — 

A. Uh-huh. 

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Q. — had you ever seen that fireman 
before down around Mulberry Street? 

A. No, no, not where the Eire Department 
is from there where I live, never have, no. 

Q. Have you ever seen him since then? 



A. No, I haven't. 




Q. How many of your children were with 



, WEATHERFORD 




all of you, any of you, if you had seen 
anything? 

A. No. 

MR. PEPPER: No further 
questions. Thank you. Your Honor. 

THE COURT: Anything further, 

Mr. Garrison? 

MR. GARRISON: Eet me ask you 
one more question, please, ma'am. 
RECROSS-EXAMINATION 
BY MR. GARRISON: 

Q. You saw this gentleman come running 
out of an alley there, what, three or four, 
five minutes after the shot was fired. Am I 
correct? 

A. Well, like I said, it took me about 
two minutes to get to the comer I would 
estimate by me running. 

Q. But you really don't know that this 
gentleman had anything to do with the 
assassination, do you? 

A. I cannot say. 



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480 

MR. GARRISON: That's all the 
questions I have. 

THE COURT: All right. 

Ms. Catling, you may stand down. Thank you 
very much. You can remain in the courtroom 
or you are free to leave. 

THE COURT: Thank you. 

(Witness excused.) 

MR. PEPPER: Could we approach, 

Your Honor? 

THE COURT: Yes. 

(Bench conference out of the 
presence of the court reporter.) 

MR. PEPPER: Your Honor, if it 
please the Court, the plaintiffs would like 
to read into the record the statement of 
Hasel D. Huckaby, then in 1993 of 5396 
Eockenvar Victory, Memphis, Tennessee. 

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THE COURT: Would you please 
spell the name for me. 

MR. PEPPER: Yes. It is 

H U C K A B Y. Mr. Huckaby is deceased, Your 
Honor. 

THE COURT: What's the first 
name? 

MR. PEPPER: Hasel, H A S E E, 

Hassle D, as in David. 

THE COURT: Thank you. I needed 
that, but the jurors didn't. 

MR. PEPPER: Question: 

Mr. Huckaby, could you tell us whether you 
are presently employed? 

Retired. 

Erom which company have you 
retired? 

Answer: South Central Bell. 

Question: How long did you work for 
South Central Bell? 

Answer: Thirty-six years, one day. 

Were you working for Southern Bell 



on the 4th of April, 1968? 




Answer: Yes, sir. 



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Question: Would you tell the Court 
what your assignment was on that day? 

Answer: I was working at the 
warehouse across the street from the Ered B. 

Gattis store and his warehouse on South 
Main. 

On South Main Street? 

Answer: South Main Street. 

Question: Tell us again where on 

South Main Street you were, or were you on 

South Main Street itself? 

Answer: At that point the witness 

left the stand and pointed to a building on 

the corner of South Main and Talbot. 

Question: Did you have an 
opportunity while of the you were still here 
to spend any time on Ruling, Ruling Street 
area, on that day? 



Answer: No, not to my 




recollection. 



The witness at that point was asked 
to take his seat. 

Question: So your assignment was to 
perform some telephone installation work in 

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the South Main Street area? 

Answer: Right. 

Question: And the customer, could 
you just name the customer again? 

Answer: The Ered B. Gattis store. 

He had a store on the west side of Main and 
his warehouse was on the east side of Main 
across the street from the store. 

Question: Moving on, page 1799 in 
the transcript, did you observe any 
individuals or any automobiles or anyone that 
appeared to you to be somewhat unusual in 
that area on that day, April 4, 1968? 

Answer: I did. 



Question: You do remember. And do 




you know the significance of the 4th of 
April, 1968? 

Answer: That day a man being down 
there. 

Question: But what happened on 
April 4, 1968? Not to you, but generally 
speaking, what event took place? 

Answer: That I know of, this man 
was sitting there on the steps and he 

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appeared to be intoxicated. 

Question: The man appeared to be 
intoxicated, but you didn't believe him? 

Answer: No. 

Question: Why didn't you believe 
him? 

Answer: Because I had seen too many 
of those people on that end of town in 
previous work. I had worked down there, and 
he didn't appear to be one of them. 

Question: What was different about 




this man? 



Answer: He was too sharply 

dressed. He was dressed sharp, fresh shaven 

and clean-cut. 

Question: Was he on foot? 

Answer: He appeared to be. 

Question: Did you see him enter an 
automobile at any time or go over to an 
automobile at any time? 

Answer: No, sir. 

Question: Did you see an automobile 
parked in the area? 

Answer: I don't remember one, but I 

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don't remember seeing one. 

Question: Did you speak with this 
individual who seemed to be out of place at 
all? 

Answer: I did. I don't remember 

the complete conversation. He said something 

like I've got to go home. I don't remember 




what it was. 



Question: Was this individual and 
this event, this observation of yours, ever 
brought to your attention again? 

Answer: Yes, it was, some six or 
eight years later, I met the police officer 
that took my statement at the police records, 
and we were talking, and he talked about the 
case, and he told me that he remembered. 

Question: Do you know the name of 
the police officer? 

Answer: Hamby, Lieutenant Hamby. 

Question: Mr. Huckaby, did anything 
else happen to you in the ensuing months? 

Answer: Some four or five — three, 
four or five months, I don't remember the 
exact time, I received a package in the mail 

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about six inches square, and I opened it up, 
and it was half a pack of cigarettes, a half 
box of penny matches and a rattlesnake 




rattle. 



Question: That's strange. Would 

you describe the contents of that package 

again, please. 

Answer: Half a package of 
cigarettes, a half a box of penny matches, 
the little box of matches like we used to 
buy, and a rattlesnake rattle. The 
rattlesnake rattle had, as I remember, 
approximately six or seven or eight 
rattlers. 

Question: What did that mean to 
you? 

Answer: That meant that rattlesnake 
was a good-sized rattlesnake and I had been 
told that the rattlesnake rattle gets one 
rattle for every year. 

Question: Why do you think you 
received this strange package? 

Answer: At the time I don't know. 

I'm still not sure. 

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Question: Were you uneasy about it? 

Answer: I was enough that I went to 
the post office, I went to the police 
department, and nobody could tell me what it 
meant or anything else. They told me to go 
on and forget about it. But I tried to find 
out about it in the meantime. 

MR. PEPPER: That's the end of 

the portion of the statement that we want to 

read into the record. 

The next witness, the plaintiffs 
call Mr. Ed Atkinson. 

EDWARD A. ATKINSON 

Having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Mr. Atkinson. 

A. Good afternoon. 

Q. Would you state your name and address 
for the record, please. 

A. Edward A. Atkinson, 1752 Vinton 




Avenue, Memphis. 

Q. Mr. Atkinson, what do you presently 

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do? 

A. I'm retired. 

Q. How long have you been retired? 

A. Since 1975. 

Q. What did you do before you retired? 

A. I was — well, immediately before, I 
was in the larceny squad at police 
headquarters. 

Q. All right. You were a serving police 
officer? 

A. Yes. 

Q. And how long had you been with the 
Memphis Police Department? 

A. About twenty-seven months when I 
retired. 

Q. Twenty-seven months? 

A. Twenty-seven — pardon me. No, it 
was 1950 to 1975. Twenty-five years, three 




months. 



Q. Twenty-five years plus. What were 
your various positions with the Memphis 
Police Department? 

A. For about the first four, five years 
I rode squad cars. Then I went from there to 

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489 

the traffic division where I worked until I 
moved to the personnel division, background 
investigations, and then larceny squad. 

Q. What position did you have with the 
police department in 1968? 

A. I was in the traffic division at the 
time. 

Q. Where were you assigned? 

A. My duty at that time regularly was 
with the paint crew, escorting the paint 
truck as they striped the lines. When I was 
not working with them, I worked on the cars 
and in the evenings I would drive the 
three- wheel motorcycle and turn off the lane 




lights on Union Avenue. 

Q. Where was your base? 

A. Sir? 

Q. Where was your base? 

A. Headquarters. 

Q. Central headquarters? 

A. Central headquarters. 

Q. Here in Memphis. Do you recall being 
in central headquarters one day in 1968, in 
the spring of 1968, and just being present at 

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a stand-up conversation involving — where 
three of you were standing around? 

A. I can't be exactly sure of the 
number, but, yes, three, maybe four, on just 
passing conversations, yes. 

Q. This particular conversation, was a 
Lieutenant Earl Clark present? 

A. I don't recall specifically who was 
there. I really don't he very well may have 



been one of them. 




Q. And how many other officers were 
present? Do you recall? 

A. Two, three, besides — a total of 
maybe four, including myself. 

Q. Was there at that time a discussion 
about the crime scene - do you recall a 
discussion about the crime scene of the 
assassination of Martin Luther King? 

A. I recall having that discussion with 
someone, specifically at that time with those 
I'm not sure, but, yes, I had heard that 
discussed several times. 

Q. Yes. But you have been unable to 
recall the name of the one officer who was a 

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491 

sergeant who was talking. Is that right? 

A. No, I really can't remember. I don't 
remember specifically. 

Q. But that sergeant was speaking to 
whom? Even if you can't recall his name, who 



was he speaking to? 




A. I suppose to all of us generally. I 

don't know that he was speaking to anyone in 

particular. 

Q. Who was there, Mr. Atkinson, in that 
little group that you had conversation with? 
A. I really can't be sure whether 
Captain Clark was one of them. Specifically 
I couldn't begin to name who they were. 
That's thirty-one years ago. 

Q. Of course it was. But at previous 
times and under oath you have indicated that 
Earl Clark was present at that conversation. 
Isn't that right? 

A. Not necessarily at that time. He was 
present on one occasion when we were 
discussing it. Whether it was that 
particular time, I don't know. 

Q. Was there a discussion on this 

DANIEL, DILLINGER, DOMINSKI, RICHI 

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particular time about the line of fire that 



was being discussed from the bathroom 



, WEATHEREORD 




A. I had heard that discussion or I 
heard that remark from possibly two or three 
different people. I honestly couldn't say 
that at that particular time that Clark was 
present. 

Q. What discussion did you hear? 

A. The comment was made, as I recall, 
that they found a hand print in one of the 
rooms but they didn't think the shot was 
fired from there, and the comment was made 
about a sycamore tree that was there or 
wasn't there, I don't know. 

Q. What was the comment about the 
sycamore tree? 

A. Well, they said there was a 
sycamore — or at least someone said there 
was a sycamore tree there and the shot 
couldn't have been fired from that room, it 
had to have been fired from another room. 

Q. There was a sycamore tree there, so 
the shot couldn't have been fired from that 
room? 



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493 

A. That is right. 

Q. What room was that? 

A. Specifically what room — 

Q. Was it the bathroom? 

A. I don't recall. They never mentioned 
what room it was. 

Q. Do you recall the sergeant saying 
that he had viewed this site in the presence 
of a FBI agent? 

A. No. I don't ever recall hearing that 
from anyone. 

Q. You don't recall that? 

A. No. 

Q. You only recall the discussion 
talking about a sycamore tree and the 
difficulty of a shot being fired from a room 
because of that tree? 

A. That remark had been made on several 
occasions at several different times. Most 
of the people, in my opinion was that most of 
the people that made the remark didn't know 




anymore than I would because they weren't 
there and neither was I. 

Q. Sir, was there ever any suggestion 

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made about what should have been done or was 
done about that sycamore tree? 

A. Someone said it was cut down. I 
later heard that, yes, it was cut down, it 
had been cut down quite some time before. So 
that I don't know. I had never been to — I 
never even been in that area. 

Q. You have never been to the site? 

A. So I really couldn't say. 

Q. But you remember hearing one say it 
had been cut down? 

A. Yes. Then someone made the remark, 
yes, that it was, it had been cut down a long 
time ago. Whether there was a tree or not, I 
don't know. 

Q. Did you have more than one discussion 



of this sort just around central 




headquarters? 

A. I can't say that — I can't name 
anyone in particular. I have no idea. 

Captain Clark may have. Or any number of 
people I worked with. 

Q. Do you recall identifying Captain 
Clark explicitly as being present at that 

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discussion a number of years ago, some six 
years ago, under oath? 

A. I recall Captain Clark being — he 
was present on a discussion. Whether that 
was in the squad room, larceny squad or 
where, I don't know. But, yes, the remark 
this been made. Whether Captain Clark made 
it or someone else present, I don't know. 

MR. PEPPER: No further 
questions. Your witness. 

MR. GARRISON: I have no 
questions. Thank you, sir. 



THE COURT: All right. 




Mr. Atkinson, thank you very much. You may 
stand down. You are free to leave or you can 
remain in the courtroom. 

THE WITNESS: Thank you, sir. 

(Witness excused). 

THE COURT: Eet's take a short 
recess, about ten minutes. 

(Short recess. ) 

THE COURT: Bring in the jury. 

(Jury in.) 

THE COURT: Call your next 

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witness, please. 

MR. PEPPER: Plaintiffs call 
Mr. James Eesar. 

JAMES H. EESAR 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 



Q. Good afternoon, Mr. Eesar. 




A. Good afternoon. 



Q. Thank you for being here with us, 
joining us from the nation's capital. Would 
you please state your name and address for 
the record. 

A. Yes. James H. Lesar, L E S, as in 
Sam, A R. My address is 7313 Lynnhurst 
Street, LYNNHURST, Chevy Chase, 

Maryland, 20815. 

Q. Thank you. Can you tell us what is 
your profession? 

A. I'm a lawyer. 

Q. Where do you practice? 

A. In Washington, D.C. 

Q. What is the present nature of your 

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practice? 

A. I specialize in Ereedom of 
Information Act litigation. That means I sue 
the United States government agencies for 
documents that they don't want to release. 




Q. Was there a time in your career when 
you represented James Earl Ray? 

A. Yes. From approximately June or July 
of 1970 until 1976 I represented James Earl 
Ray. 

Q. In the course of that representation 
were you associate counsel at proceedings 
that were held in the Federal Court here in 
this district? 

A. Yes, I was. 

Q. What was nature of those proceedings. 

A. We had filed a writ of habeas corpus 
claiming that James Earl Ray was being held 
illegally, and after four years proceeding 
through state and federal courts, in October, 

1974, a two-week evidentiary hearing was held 
here in Memphis in the Federal District 
Court. 

Q. Was there a range of evidence that 

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was reviewed at that time? 




A. Yes. 



Q. And did some of that evidence have to 
do with the origin of the shot related to the 
window sill in the bathroom of the rooming 
house? 

A. Yes. 

Q. And could you summarize for the Court 
and the jury that evidence, the evidence that 
pertained to that aspect of the case. 

A. Well, at James Earl Ray's guilty plea 
hearing on March 10, 1969, the District 
Attorney for the State of Tennessee, James 
Beasley, had made a representation to the 
Court as to certain evidence that the state 
would have proved had there been a trial. 
Among that he stated that they would 
prove by expert testimony that there were 
markings on the window sill from which the 
shot was allegedly fired that could be 
consistent with markings on the underside of 
the barrel of the rifle that was the alleged 
murder weapon, that is, the rifle that was 
found in front of Canipe's Amusement Store at 




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422 and a half South Main Street. 

That statement came under attack, 
and we felt that it was a misrepresentation 
to the Court by the state's attorney. In 
fact, nearly a year before that statement was 
made, the EBI had conducted tests on the 
window sill, and the EBI tests reflected that 
they could not match the alleged murder 
weapon to a dent in the window sill. 

Secondly, we put on at the evidentiary 
hearing the testimony of an expert witness. 
Professor Herbert Leon McDonnell. 

Professor McDonnell did his own test 
on the window sill, and he concluded that you 
could not even determine the class of object 
that made the dent in the window sill, not 
only could you not link it with a particular 
rifle, you couldn't even tell that it was 
made by a rifle. 



Then, third, subsequently, bearing 




on that point, as to whether or not the fire 
was — whether or not the rifle was fired 
from that window. I subsequently represented 
a man by the name of Harold Wiseberg in a 

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Ereedom of Information Act lawsuit which went 
on for a decade and ultimately obtained about 
sixty thousand pages of EBI records. 

Among those records were reports by 
the EBI on their examination of the window 
sill, and it included a statement that no 
powder residues were found on the window 
sill. 

Q. Mr. Lesar, let me ask you to look at 
two documents, one dated April 7th, 1968, the 
other dated April 1 1th, 1968. One is a 
bureau-tell from the Washington office of the 
Eederal Bureau of Investigation to the local 
office, and the other is an EBI report. 

A. Yes. 



Q. Would you look at those two documents 




and tell the Court if those were documents 



that you — copies of those documents that 
you obtained under your Freedom of 
Information Act application? 

A. Yes. These are documents from the 
FBI file on Dr. King's assassination. This 
is called the MURKIN investigation, 

M U R K I N, which is an FBI acronym that 

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stands for murder of King. These report the 
results of their lab tests. They were 
obtained by me for my client, Mr. Harold 
Wiseberg, in the Ereedom of Information Act 
lawsuit that we filed in 1976. 

Q. Would you read from the report 
document, if you would, the language with 
respect to the window sill. 

A. Yes. In this document the window 
sill was referred to as Exhibit Q-71, and the 
report states, and this is under date of 
April 11, 1968, just a week after the 




assassination, "The Q-71 board bears a recent 
dent which could have been produced by a 
light blow from the muzzle of a weapon such 
as the Remmington rifle, Serial Number 
461475, previously submitted in this case. 

"The dent contains microscopic 
marks of the type which could be produced by 
the side of the barrel at the muzzle but 
insufficient marks for identification were 
left on the board due to the physical nature 
of the wood." 

And then skipping down just a little 

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502 

bit, "No gun powder or gun powder residues 
were found on the Q-71 board." 

MR. PEPPER: Thank you. Your 

Honor. I move to admit these as Plaintiffs 2 

and 3. 

(The above-mentioned documents 

were marked Exhibits 2 and 3 respectively.) 

Q. (BY MR. PEPPER) So Mr. Lesar, is it 




your testimony here this afternoon that 
though District Attorney General Beasley 
informed the jury at the guilty plea hearing 
that in fact expert testimony, expert 
laboratory testimony, would establish that 
the dent in the window sill came from the 
murder weapon in the case, the alleged murder 
weapon in the case, that in fact within three 
days of the killing, they had one report in 
their hands which indicated that was not 
possible? 

A. The second report is dated - 
actually the first in chronological sequence 
is dated April the 7th, which is three days 
after the murder. 

Q. After the killing. Then a second 

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report within a week after the killing? 

A. Yes. 

Q. That they had those two reports from 



the EBI which indicated that such — 




A. They are clearly inconsistent. 

Q. - is not possible? 

A. They are clearly inconsistent with 
Beasley's representation to the Court. 

Q. When was the guilty plea hearing 
again? 

A. March 10, 1969. 

Q. So almost a year later they still 
were saying experts were going to show that 
window sill dent came from the murder 
weapon? 

A. Yes. 

MR. PEPPER: No further 
questions. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Eet me ask you a few questions, 

Mr. Eesar. 

A. Sure. 

Q. When you refer to the statement by 

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504 




District Attorney General Beasley, do you 
know if the experts that he was referring to 
were FBI experts? 

A. It had to be the FBI. As these two 
documents that have been introduced show, the 
exhibit was sent to the FBI for testing. The 
document in question — both of the documents 
in question come from FBI headquarters and 
are directed to the FBI's local office in 
Memphis. 

Q. But you haven't seen the District 
Attorney's file, so you really don't know if 
they were referring to other experts or not, 
do you, when he made this statement? 

A. To the best of my knowledge, no other 
testing was done. It was sent to the FBI for 
testing. 

Q. And in the hearing that you referred 
to in federal court, did you offer any 
evidence or proof that the shot was fired 
from some other location other than the 
window sill? 

A. Yes. My recollection is that we did. 




Q. What other proof was offered, if you 

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recall? 

A. Now you are asking me to go back 
twenty-five years. I think that, among other 
things. Professor McDonnell testified that it 
was not possible to fire the rifle from the 
bathroom window. 

He went into an explanation based on 
the mathematics, the size of the rifle. 

You've got to understand in front of the 
window from which the shot is fired is a 
bathtub or was a bathtub, and you would have 
to be a contortionist to be able to fire a 
shot from that bathtub through the window 
standing with at least one foot on the rim, 
maybe with both feet on the rim of the 
bathtub. 

He said in his testimony that you 
couldn't even fit the rifle in the required 
space, because you had a right angle. The 




wall and the bathtub is up against this wall, 
the window is here right in front of it, and 
the rifle couldn't fit in. 

Q. Were any independent tests performed 
by anyone when you were doing this to 

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indicate that the rifle — the shot had been 
fired from another location other than the 
window sill? 

A. The only — Professor McDonnell made 
an examination, a microscopic examination, of 
the bullet, which by that time had become 
three bullet fragments, but he disputed — 
his examination concluded contrary to the EBI 
representation that it should be possible to 
identify the rifle — whether or not that 
rifle fired that shot. 

Q. But, I mean, did you have any 
evidence of any sort, any tests that were 
done, to indicate that it was fired in the 
brush area behind the rooming house? 




A. There were no tests that we did at 
that time, no. Subsequently the House Select 
Committee on Assassinations did a two-year 
investigation of the King assassination and 
concluded that both the bathroom — the 
rooming house bathroom and the area of the 
clump of bushes directly opposite the 
Lorraine Motel were both consistent with the 
ballistic evidence as to the angle of the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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shot. So it could have come from either 
place. 

MR. GARRISON: That's all. 

Thank you. 

MR. PEPPER: Nothing further. 

Your Honor. 

THE COURT: All right. You may 
stand down. 

THE WITNESS: Thank you. 

(Witness excused.) 



THE COURT: Call your next 




witness. 



MR. PEPPER: Your Honor, 

plaintiffs call Ambassador Andrew Young. 

May we approach, Your Honor? 

(Bench conference outside the 
presence of the court reporter.) 

ANDREW YOUNG 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon. Ambassador Young. 

A. Thank you. 

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Q. Thank you very much for interrupting 
your schedule and coming here to be with us 
this afternoon. 

Would you state your full name and 
address for the record. 

A. It is Andrew Young, 1088 Veltra 



Circle, Atlanta, Georgia. 




Q. And Ambassador Young, what do you 
presently do? 

A. I'm chairman of a small consulting 
firm called Good Works International, and 
we're attempting to help American businesses 
share in African development. 

Q. Previously what posts have you held? 

A. Well, I was executive vice-president 
of the Southern Christian Leadership 
Conference in the 1960's, and I was member of 
Congress from the State of Georgia in 1972 to 
1977, and then I was Ambassador to the United 
Nations from 1977 to 1980, and I was mayor of 
Atlanta from 1981 to 1990. 

Q. You've had a very long career in 
public service? 

A. A blessed career. 

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Q. Back in 1968, what position did you 
hold with the Southern Christian Eeadership 



Conference? 




A. I was executive vice-president of the 
Southern Christian Leadership Conference. 

Q. What did your duties entail? 

A. I was I guess officially the chief 
administrator and did some organizing, some 
fund raising. I started out essentially 
training most of our staff through a 
citizenship education program. But by 1968 I 
was largely serving as executive secretary to 
Martin Luther King. 

Q. Right. Were you very much involved 
in the planning of the Poor People's March on 
Washington, that project? 

A. I was, and it was Dr. King's concern 
that America was plagued by, as he said, the 
triple evils of racism, war and poverty. And 
we had been involved in dealing with the 
problems of race relations. 

He had been active trying to put an 

end to the war in Vietnam, and this was his 

attempt simply to get America to see, in his 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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words, that we would not exist with people 
isolated on lonely islands of poverty amidst 
this ocean of material wealth. 

The situation in Memphis was typical 
of that problem because you had men who were 
working all week long and were still making 
less than the poverty wage. And they were 
trying to organize in order to negotiate to 
be recognized as a union so they could get up 
to the poverty wage. And they asked him to 
come here in support of them. 

Q. So there was significant 
compatibility between the situation in 
Memphis with the striking sanitation workers 
and the projection later on that spring for 
the Poor People's Campaign in Washington? 

A. It was. In fact, we in the midst of 
organizing the Poor People's Campaign in 
Washington, and most of us felt that we 
shouldn't get bogged down in local issues, 
that it had to be addressed at the national 
level, but he didn't feel as though he could 




allow these men to be, you know, just left 
alone. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. Did you notice a great deal of enmity 
of Dr. King because of his positions against 
the war and behalf of the poor? 

A. There had always been a great deal of 
enmity. It increased significantly after the 
war in Vietnam. We didn't know how much it 
had increased, though. But starting with — 
actually, it started when he won the Noble 
Prize when J. Edgar Hoover said he was the 
world's most notorious liar. 

We couldn't understand what that was 
all about. So we went to see Mr. Hoover and 
had what we thought was a very successful and 
satisfactory meeting: Later, after we left, 
though, Mr. Hoover reported it quite 
different than we thought had took place. 

So it seemed as though there was 



a — well, there was an effort to undercut us 




behind our backs, though whenever we talked 



with them about it personally, they were very 
polite and very congenial and even agreeable. 

Q. Did you see an increase if the 
threats against Martin King's life during 
this period of time, between 1967 and 1968? 

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A. We actually didn't see an increase in 
the threats. There had always been threats. 

We always thought that the threats were from 
the kooks and we really didn't pay much 
attention to them. 

It wasn't until we actually were on 

the way to Memphis that they emerged again. 

Leaving Atlanta, the plane stopped, and they 
said there was a bomb threat and everybody 
had to get off the plane: But we hadn't had 
that for years since the days of Selma and 
Birmingham in 1964 and 1965. 

Q. Was that April 3rd, the day that you 
travelled from Atlanta to Memphis? 




A. That's right. 

Q. You travelled with the party that day 
and arrived with Dr. King. Is that right? 

A. I'm not sure. I think I was already 
there. You think you had come in earlier. I 
came in earlier because I had to testify in 
the court on the injunction. 

Q. That's right. You were representing 
him in court at that time, weren't you? 

A. Yes. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. Do you remember seeing him on April 
3rd when he did arrive? 

A. I saw him that afternoon, he was 
really feeling bad. And he had a bad cold. 

I didn't realize it at the time, but I think 
he was probably upset by the emergence of a 
threat. But he didn't want to do the mass 
meeting. I just thought he needed a rest. 

Q. He ended up going to the mass 



meeting? 




A. We ended up going to Mason Temple, 
and there was — I think it seats about 
eleven thousand people, and there was — it 
was jam-packed and people all out in the 
streets. So we went back to the motel and 
called him and told him that he just needed 
to come and that Ralph Abernathy would make 
the main speech but he just needed to show 
his face and greet the crowd. 

Q. What happened at that meeting? 

A. Well, Ralph did an eloquent job of 
introducing him, but he then went on to give 
one of the greatest speeches of his life. 

Q. Now, the next day, April 4th, what 

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were your movements, what did you do? 

A. I went to the courtroom early that 
day and I stayed in the court all day long. 

Q. When did you return to the motel? 

A. I returned to the motel after the 



court adjourned about four o'clock. 




Q. Did you see him at that time? 

A. I went by his room to report on what 
had happened. Much to my surprise, he was 
feeling as jovial and as happy as I had ever 
seen him. 

When I walked in the door, he 

snatched a pillow off the bed and through it 

at me and said, where you been all day long. 

I said. I've been Court. He said, oh, don't 
hand me all that crap. He started beating me 
with the pillow. 

I mean, he was just feeling very 
lighthearted and playful, which was a change 
from his mood, you know, up until that 
point. So we were just really glad to see 
him feeling good again. 

Q. This would be about two hours before 
the assassination. What did you do for the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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remainder of that afternoon? 



A. Well, actually we were — they were 




eating, had been eating, and I think his 
brother had come to town, and there were, oh, 
half a dozen or so folks sitting in this room 
where they had two double beds, so people 
were just sitting all over the floor and 
everything and just talking, relaxed and 
having a good time, until about — well, 
actually by the time I got down there it was 
probably closer to five. And because about 
five-thirty or so we said if we were going to 
dinner, we thought he ought to go up to his 
room to, you know, to wash up and get ready 
to go out to diner. 

Q. So he went back to his room around 
five-thirty or so to get ready to go? 

A. Five-thirty, maybe even later, 
quarter to six, somewhere around there. 

Q. Where did you go at that point? 

A. I just stayed right there in the 
parking lot. In fact, we were just sitting 
around talking. Jessie Jackson had just come 
in and Hosea Williams and others who had been 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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516 

gathering. 

So everybody was just sort of 

milling around in the parking lot waiting to 

go to dinner. At Reverend Kyle's house. 

Q. Did you notice Dr. King come out on 
the balcony at one point sometime a little 
bit later closer to six? 

A. He came out ready to go, but it was 
getting cool, and because he had a cold and 
had been feeling bad the day before, we were 
suggesting that maybe he ought to go back and 
get a coat. He was standing up there 
thinking about whether or not he should get a 
coat. 

Q. Then what happened? 

A. Actually, a shot rang out. We 
thought it was a fire cracker or a car 
backfiring. I mean, nobody thought it was a 
shot. 

I looked up there, and he had fallen 
down. It was so — well, it was so shocking. 




and he had been so playful before, I thought 
he was clowning until I ran up there and saw 
that he had actually been shot. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. What were your first movements after 
you heard the shot and saw him fall down? 

A. I ran right straight to the top of 
the stairs. 

Q. You turned and ran straight up? 

A. Yeah. 

Q. You didn't look across the road 
or - 

A. I didn't. 

Q. That's all right. You just ran up to 
the — 

A. I ran up to see him. 

Q. You ran up the stairs. The rest is 
history, of course. He died soon after. 

Now, Ambassador Young, of course, time is 
precious and you are on a very tight schedule 
as well, did you in recent years come to 




consider the events of April 4th and the 
assassination of your friend and colleague 
again? 

A. I did. And it was largely because 
people began to come forth and give actually 
Martin's children new information which we 
didn't have before. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. And that would be within the last, 
what, three, four years, somewhere around 
there? 

A. I guess over the last three years. 

Q. And then how did this new information 
that you didn't previously have come to you? 

Was it brought to you by members of the 
family? 

A. It was brought to me largely by 
Dexter, Martin's second son. 

Q. And upon receiving it, did you begin 
to consider again what had happened to Martin 



King? 




A. Well, I think we always felt that we 
didn't know what happened. There were always 
questions that we deliberately did not take 
the time to answer. 

It is hard to explain to his 
children, but the way he trained us was that 
his death was probably inevitable but that 
death should not stop the movement. So we 
were much more concerned about keeping his 
work going than we were about finding out who 
was responsible for his death. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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519 

So that's basically what we devoted 
ourselves to. We continued the Poor People's 
Campaign. We were active in the election. 

We continued to organize workers and to 
preach non-violence and teach, and we were 
having some success. I was then involved in 
politics. And it was largely because we 
thought this was the way to carry on his 



work. 




Q. You were perpetuating the legacy, 
then? 

A. Yeah. In fact, Ralph Abernathy's 
sermon was where they tried to kill Joseph in 
the Bible, and the Bible says Joseph's 
brother said let us kill the dreamer and we 
will see then what will happen to his 
dreams. 

We were determined that though they 
might have killed the dreamer, that his 
dreams would live on. And that we saw our 
responsibility in keeping those dreams alive, 
because we knew we could not bring him back. 

Q. Ambassador, as a result of the 

family's new awareness and concern about the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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events that took away their husband and 
father, did you — were you asked to 
participate in a meeting with an individual 
who came into the frame in this case and who 



is the defendant here, Mr. Loyd lowers? 




A. Yes, I was. I was told that — well, 



actually I got the impression, whether I was 
told this specifically or not, that 
Mr. lowers was getting older, he wasn't very 
well, and it was almost like he wanted to get 
right with God before he died. That's the 
impression I had. Whether those were words 
that he ever actually used or not, I don't 
know. 

When we met with him, that was still 
the impression that I had, that here was a 
man who had a lot on his mind and a lot on 
his conscience and who wanted to confess it 
and be free of it. 

Q. Do you recall how long ago you had 
that meeting with Mr. lowers? 

A. About a year, I guess. I don't 
remember the exact date. 

Q. About a year ago? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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A. Yes. 




Q. And that year ago, that meeting, was 
that the first time that you had heard a 
number of the facts, the accounts, that 
Mr. lowers put forward? 

A. Well, actually I had heard them 
before, and I just would not let myself think 
about them. I think Reverend Joseph Lowery 
had either met with Mr. lowers or knew of 
Mr. lowers, and he had mentioned some of 
these questions. 

I had talked with James Orange, who 
was on our staff, who was there with us, and 
James had always been I think concerned about 
all of the questions that were not raised. 

I think the reason I focused on 
Mr. Jowers was that I couldn't imagine that 
the man who ran the bar or the grill right 
across the street had not been interviewed by 
the police or the FBI or no testimony had 
been taken from him, is what I heard. 

Q. Who was present at this meeting with 
Mr. Jowers that you attended? 

A. Dexter, his attorney, and you serving 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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as Dexter's attorney. I think it was 

Mr. Garrison. There was one other person who 

videotaped what was going on. 

Q. And Mr. lowers? 

A. And Mr. lowers. 

Q. Could you in the time remaining 
summarize for us — we have a tape-recording, 

Ambassador, of that meeting, we're going to 
ask you to authenticate that, but we're not 
going to play it this afternoon in the 
interest of time, but could you the remaining 
moments before we do that, could you 
summarize for the Court and the jury what 
Mr. lowers told you and Dexter King at that 
meeting? 

A. Well, he said that he was the 
proprietor of lim's Grill, I think. 

Q. Uh-huh. 

A. And that he was a retired Memphis 



police officer and that a lot of police 




officers hung out at his place. He said that 
he hadn't lived such a good life, he had a 
lot of drinking and gambling problems, and 
that he was in debt to somebody that he 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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identified as the head of the Mafia in 
Memphis who called him up and that he was 
nervous about him and afraid that he was 
calling to collect the money which he didn't 
have, and the guy said, no, forget about 
that, I just need you to do me a favor. 

He said somebody is going to bring 
you a package, and you put it in your store 
room, and when I bring — I think the head of 
the Mafia also ran a produce company from 
which Mr. lowers got his vegetables and meat 
supplies. And he said, when you get your 
supplies, there is going to be a plastic bag 
in the supplies, and take it out, it is going 
to have money in it, and give it to the 
person who brings you the package. And he 




said he did that. 



He said that he didn't know what was 
going on, he was just doing as he was told. 

He also said that there were a number of — 
well, he went on to tell the story I think 
first that some man who looked Spanish came 
and brought him a package. He didn't know 
what was it in, he said, but he put it in his 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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524 

storeroom and he gave the guy the package 
with the money in it. 

Then he said he got a call telling 

him that at six o'clock he should go to the 

back door of his store. 

Q. On April 4th? 

A. April 4th. He says he didn't know 
what was going on but that there had been 
people meeting in his store, and he said 
there had been a meeting with a couple of 
policemen, Memphis policemen that he knew and 



three others that he didn't know, and he 




remembered because he said they were sitting 



in a booth and he had to put another chair at 
the end, and that they were — he didn't know 
what they were doing. 

But he said when he went to the back 
door, just as he got to the door, a shot rang 
out, and somebody came out of the bushes and 
handed him a smoking rifle, and he broke it 
down and wrapped it in a table cloth and put 
it back in the storeroom. 

He said the guy who handed him the 
rifle was a fellow who had been on the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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525 

Memphis police force with him that was a 
friend of his who he used to go hunting with 
and was quite a good marksman. I've 
forgotten his name. 

Q. That's all right. 

A. But he said that the next day — 

well, he said the next morning, when he came 

to work and went back out to see what was 




going on, because he said then he realized 
what had happened, and he went back and he 
said all of the bush, shrubs, behind his 
store where the guy came from, all of them 
had been cut down and the whole area had been 
swept clean. And that later on somebody came 
back - the same guy came back and got the 
rifle from him, and he took it and he never 
saw it again. 

Q. Did he — do you recall if he said 
what he did with the spent cartridge, the 
shell that was in the rifle when he took it? 

A. You know — 

Q. That's all right. 

A. I'm - 
Q. It is a detail. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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526 

A. I'm thinking, and I'm not sure, but I 
think he might have said he threw it down the 
toilet. 



Q. Yes. 




A. He broke the rifle down and he kept 
it and then gave it to this person, the man 
who eame to piek it up. 

Q. The next day. Did he say whether he 
had ever told that story to any officials or 
anyone before or after? 

A. Well, he said nobody had ever come to 
talk to him about it. 

Q. Ambassador Young, did you get the 
impression that this was a man sitting before 
you at a table telling you this story who was 
trying to make some kind of money, some kind 
of profit, who had some kind of literary or 
other project in mind? 

A. No. I got the impression — in fact, 
we had to break the session several times 
because he had coughing spells. This was a 
man who was very sick who was like wanted to 
come to confession to get his soul put 
right. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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527 




Q. He is not here today, and this is the 
first time he has not been here because he 
has not been feeling well. So that's maybe 
indicative of his health. Did you, 

Ambassador Young, believe what you heard from 
this man? 

A. Well, I believed everything but the 
fact that — I believed he kind of knew what 
was going on. He was trying to say that he 
was innocent and he didn't know this was a 
gun, he didn't look in the package 
beforehand, and it wasn't until after the 
event, but he was very well aware that there 
was some planning. 

In fact, he said one of the guys who 
was in there in the restaurant at that table 
was the fellow that was kneeling down over 
Martin's body when — that ran up there with 
us when — I think there is a picture where 
when the police heard the shot, everybody 
started running toward where Martin was, and 
we were standing up there pointing back there 



saying, it came from over there. 




But they were running away from 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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528 

where the shot came from, and they couldn't 
do anything there, and we were trying to get 
them to go back over to see where — see who 
had fired the shot. And that picture that 
has been shown all over the world, there is a 
fellow kneeling there who he says was the 
fellow who was in the restaurant a few days 
before with two Memphis policemen and two 
guys that he said looked like federal men. 

Well, he said government, government men. 

Q. It is a historical fact that that 
kneeling figure is an undercover police 
officer named Merrell McCullough. He is 
identified. 

Ambassador Young, I'd like you to 
listen to just a bit of this tape to ensure 
that this in fact is the recording that you 
recognize of the meeting and authenticate it 
not in its entirety but at the beginning in 




terms of those people present. 

(Tape played as follows: 

Dexter, what you been up to? Mr. King: Well, 
I've been keeping busy, just working hard.) 
MR. PEPPER: Stop there. 

DANIEE, DIEEINGER, DOMINSKI, RICHB 

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529 

Q. (BY MR. PEPPER) Do you recognize that 
first voice? 

A. I recognize Dexter's voice. 

Q. Did you recognize the first person 
speaking? 

A. No, I didn't. 

(Tape continued to be played as 
follows: Mr. lowers: You know who I am, 
don't you? Mr. King: I do, I do.) 

A. That's Mr. lowers. 

(Tape played: Mr. King: I was 
working late one night in my office when I 
talked to you. Yeah. You know, keeping all 
things moving forward and just still trying 



to deal with this issue. This is a very 



WEATHEREORD 




trying issue because, as you know, my family, 
particularly my mother, have been concerned 
about, because the media has been very 
vicious. Mr. lowers: Oh, yeah. Mr. King: 

In trying to discredit, an attack, you know, 
on the family, and we hope we would get to 
the bottom of this so we can move on. I 
think in order to have true closure, you have 
to — you know, you have to get it out. You 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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530 

have to get it out in the open. So we 
appreciate your willingness to open up and 
come forward. As you know, we continue to 
support immunity for you. As you know, the 
District Attorney doesn't seem like they want 
this story to come out. So it appears they 
are shoving everything down. I think that 
would be a major tragedy. Mr. lowers: Oh, 
it would be. Mr. Young: I don't think I 
would be out of order in saying if something 
happened and you were indicted for anything. 




then I would sure be willing to come over 
here and testify on your behalf.) 

MR. PEPPER: Do you recognize 
your voice? 

A. Yes, I do. 

Q. Do you recognize those words? 

A. I do. Because we were impressed with 
the fact that — well, we have always had a 
no-fault analysis on this. We were not 
trying to punish anybody. 

We were approaching this more like 
they approached it in South Africa, that in 
order to have a real reconciliation, you have 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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531 

to know the truth. And that if you can get 
the truth out — I'm sure that a lot of 
people that have a lot of terrible guilt 
feelings like Mr. lowers just don't have his 
courage and are not probably as far along in 
life as he is. 



Q. Ambassador Young, as far as you can 




hear at the outset and the beginning of the 
tape, do you recognize the voices of 
Mr. lowers, yourself and Dexter King? 

A. That's right. 

Q. This is a tape-recording that was 
made at the time? 

A. It was made at a motel near the 
airport in Little Rock. 

MR. PEPPER: Thank you very 
much. No further questions. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Good afternoon. Ambassador Young. 

How are you today? 

A. Good. 

Q. Eet me ask you a few questions. I 
promise you I won't keep you long. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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532 

We just heard on the tape Mr. lowers 
I believe explained to you and Mr. Dexter 
King that he had no knowledge that this 




was — that Dr. King was the target of this 
assassination, said he didn't even know there 
would be one. Am I correct, sir? 

A. He did say that. 

Q. He said he was simply carrying out 
what he thought was a favor to someone that 
he owed a favor to and was called upon to do 
certain things in his restaurant? 

A. And he said he did it because there 
was a certain amount of fear that he had of 
this person. 

Q. The first time that Dr. King had 
stayed at the Lorraine on this date or had he 
stayed there before, the day of this — on 
this trip? 

A. No. I think this — I think he 
lived — when he came for the march, he 
stayed downtown, or he was taken to a 
downtown hotel. He didn't really have a 
hotel room. He flew — he left New York 
early in the morning, like a six o'clock 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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533 



plane, and flew into Memphis and went to the 
march or to the church, and it was after the 
march was disrupted downtown that he was 
taken to the Holiday Inn, I think, just to 
get him out of the crowd and out of the mob. 

Q. Now, you were down in the courtyard 
when the shot was fired. 

A. I was. 

Q. You weren't able to tell exactly 

where it came from or which direction it came 

from? 

A. Yeah, I could tell that it came from 
across the street. 

Q. Did it first sound like a firecracker 
or a car backfiring? 

A. It sounded like a firecracker or a 
car backfiring. I'll tell you, when I saw 
the wound in Dr. King's body, I knew it had 
to come from directly across the street. 

Q. Did you have any discussion with 

Mr. Dexter King about the previous meeting he 

had with Mr. lowers before this meeting that 




we had? 



A. I did. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

534 

Q. Did Mr. King at that time also tell 
you that Mr. lowers indicated to him that he 
had no knowledge that Dr. King was the target 
of the assassination, had no idea if there 
would even be an assassination when he was 
called upon by someone to take whatever acts 
he did? 

A. I don't recall that he told me the 
details. He simply said that since the 
family was interested in giving amnesty to 
everybody involved, that Mr. lowers had come 
forward and was willing to talk to the 
family. 

Q. There was some effort put forth by 
Reverend Lowery to try to get immunity for 
Mr. lowers. Am I correct, sir? 

A. That's correct. 



Q. I believe you and Mr. Dexter King and 




all wanted immunity granted to him. Am I 
correct, sir? 

A. We really did, yes. 

MR. GARRISON: That's all. 

Thank you, sir. 

THE COURT: Mr. Pepper. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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535 

MR. WILLIAMS: Just briefly. 

Your Honor. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Ambassador, how long approximately 
did that meeting — roughly did that meeting 
with Mr. lowers take? 

A. It was almost four hours, I think. 

It was a long time. It was all afternoon. 

Now, he was not talking all that time. We 
had several breaks. But we were altogether I 
think almost four hours. 

Q. All tolled? 



A. Yes. 




Q. Was there a lot of repetition of 
things said, questions asked and answers 
given? 

A. There was some but not a lot. But 
however we asked the question, Mr. lowers 
answers were pretty much consistent. And, 
again, we were not cross-examining him trying 
to refute anything he was saying. We were 
simply trying to understand what actually 
happened from his point of view. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. Did you get an understanding at the 
end of that period of time? 

A. I got the understanding that he felt 
as though he had been involved in the 
assassination of Dr. King and he regretted it 
very much. In fact, he said as much to 
Dexter. 

MR. PEPPER: Nothing further. 

Your Honor. The tape that is here, your 
Honor, is approximately two hours in length. 




It covers the first two hours of that session 



and all of that discussion. We move its 
admission and would like it to be played to 
the jury in its entirety on Monday. 

THE COURT: Very well. 

(The above-mentioned tape was 
marked Exhibit 4.) 

(Jury out.) 

(The proceedings were adjourned 
at 4:50 p.m.) 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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537 



IN THE CIRCUIT COURT OF SHELBY COUNTY, 
TENNESSEE FOR THE THIRTIETH JUDICIAL 
DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, et al. 
Plaintiffs, 

Vs. Case No. 97242 
LOYD JOWERS, et al. 
Defendants. 



PROCEEDINGS 
November 22nd, 1999 
VOLUME V 



Before the Honorable James E. Swearengen, 
Division 4, judge presiding. 



DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER, WEATHERFORD 
COURT REPORTERS 
Suite 2200, One Commerce Square 



Memphis, Tennessee 38103 




(901)529-1999 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

538 

- APPEARANCES - 

Eor the Plaintiff: DR. WILLIAM PEPPER 

Attorney at Law 

New York City, New York 

Eor the Defendant: 

MR. LEWIS GARRISON 
Attorney at Law 
Memphis, Tennessee 
Court Reported by: 

MR. BRIAN E. DOMINSKI 
Certificate of Merit 
Registered Professional 
Reporter 
Daniel, Dillinger, 

Dominski, Richberger & 

Weatherford 
22nd Eloor 

One Commerce Square 



Memphis, Tennessee 38103 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

539 

- INDEX - 

WITNESS: PAGE/LINE NUMBER 
TAPE OE DEXTER KING/ANDREW 
YOUNG/LOYD JOWERS PLAYED 

TO THE JURY 542 19 

ARTHUR HAYNES, JR. 

DIRECT EXAMINATION 

BY MR. PEPPER 645 19 

CROSS-EXAMINATION 

BY MR. GARRISON: 662 24 

REDIRECT EXAMINATION 

BY MR. PEPPER: 667 21 

BOBBIE BALEOUR 
DIRECT EXAMINATION 

BY MR. PEPPER: 671 9 

CROSS-EXAMINATION 

BY MR. GARRISON: 680 2 

REDIRECT EXAMINATION 
BY MR. PEPPER: 682 21 



RECROSS-EXAMINATION 




BY MR. GARRISON: 



684 4 



WILLIAM R. KEY 
DIRECT EXAMINATION 

BY MR. PEPPER: 684 20 

JOE B. BROWN 

DIRECT EXAMINATION 

BY MR. PEPPER: 690 23 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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540 

(November 22nd, 1999, 10:15 a.m.) 

THE COURT: Mr. James, would you 
bring the jury out, please. 

(Jury in.) 

THE COURT: Good morning, ladies 
and gentlemen. Glad to see that all of you 
survived the weekend. We're going to proceed 
with our trial at this point. 

Mr. Pepper, what's your next order 
of proof? 

MR. PEPPER: Yes, Your Honor. 

If it please the Court, we'd like to — 
plaintiffs would like to continue where we 




left off with Ambassador Young's testimony by 
going directly into the tape-recording of the 
meeting that he described with the 
defendant. 

Though the Court may wish to break 
from time to time, we — the plaintiffs feel 
it is important for the jury to hear the 
entirety of that tape. 

THE COURT: I believe you said 
Friday it is about two hours long? 

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541 

MR. PEPPER: We believe it is 
about two hours. 

THE COURT: It might get too 
exciting for us. 

MR. PEPPER: We might have to 
take a break after an hour or so. 

THE COURT: Whatever pleases the 
Court. Thank you. 

THE COURT: We'll begin with 



that. Go ahead. 




If you would just explain to the 
jury the circumstances under which this tape 
was made, where it was and then it might be a 
little more meaningful. 

MR. PEPPER: The tape was made 
approximately a year ago, as Ambassador Young 
testified. And it was made here in the State 
of Tennessee. The participants at the 
meeting were the defendant, Mr. Eoyd lowers, 
his attorney, Mr. Eouis Garrison, Ambassador 
Andrew Young and plaintiff Dexter Scott 
King. 

They came together for the purpose 
really of discussing the underlying cause of 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

542 

action in this case, Mr. lowers' role in 
respect to the killing of Martin Euther 
King. 

While there is introductory 

information and some banter occasionally, we 

would ask the Court and the jury to listen 




carefully to the various questions and the 
responses to those questions. 

MR. GARRISON: Your Honor, we'd 
like to have it started at the very 
beginning. 

MR. PEPPER: Yes, sir. I've 

asked the technician to start it from the 

beginning. 

THE COURT: All right. Go 
ahead. 

(Tape played for the jury in 
open court as follows:) 

"EOYD JOWERS: Dexter, what you 
been up to? 

DEXTER KING: Well, I've been 
keeping busy, working hard, traveling a lot. 

EOYD JOWERS: You work a lot at 
night, don't you? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

543 

DEXTER KING: I do. You 



remember. I was working late one night in my 




office when I talked to you. 

LOYD JOWERS: Yeah. 

DEXTER KING: Keeping, you 

know, keeping all things moving forward, just 

still trying to deal with this issue. This 

is a very trying issue, because, as you know, 

my family, particularly my mother. I've been 

concerned about because the media has been 

very vicious — 

EOYD JOWERS: Oh, yeah. 

DEXTER KING: - in trying to 
discredit and attack, you know, the family. 

We had hoped that we would get to the bottom 
of this so we can move on. I think in order 
to have true closure, you have to get it 
out. You have to get it out in the open. 

So we appreciate your willingness to 
open up and come forward. As you know, we 
continue to support immunity for you, but, as 
you know, the District Attorney doesn't seem 
like they want the story to come out. So it 
appears they are shutting everything down. 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



544 

LOYD JOWERS: Yeah. 

DEXTER KING: I think that 
would be a major tragedy. 

EOYD JOWERS: Oh, it would be, 
definitely. 

Don't you think so, Mr. Young? 

ANDREW YOUNG: I do. In fact, 

I think that — I don't think I would be out 
of order in saying if something happened and 
you were indicted for anything, then I would 
sure be willing to come over here and testify 
on your behalf as having been — as having 
been very helpful to us in trying to 
understand that. We would want to make sure 
that nothing happened to you. 

EOYD JOWERS: Well, you know, 
this is what I don't understand, and I never 
did understand it about President Kennedy: 
That they know there has got to be a 
conspiracy. Why they won't admit that and go 
from there on the basis of prosecution. 




whatever they have to do, I don't understand 
why they won't do it. 

LEWIS GARRISON: Mr. lowers, Mr. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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545 

King and and Mr. Young have read the account 
of this that I had written from what you had 
and I had talked about. So they want to 
question you. 

LOYD JOWERS: Okay. Any time 
you get ready. 

LEWIS GARRISON: Eeel free to go 
forth. 

DEXTER KING: When we last met, 
you had pretty much taken us I think up to a 
point where you had received the rifle from 
Lieutenant Clark. 

DEXTER KING: And you thought 

it was a 30-30, you said, and you might have 

been mistaken, that it was a 30-06. 

LOYD JOWERS: I very well could 
have been. Let me tell you that I knew he 




owned a 30-30. 1 couldn't swear that that 
was Clark that I took it from, but I believe 
it was. 

Now, see, it happened just about 
that quick. (Snap of fingers.) I was at the 
back door at six-oh-clock like I was supposed 
to be. How many seconds did it take him to 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

546 

hand me that rifle and get going? That was 
just a split second. 

LEWIS GARRISON: You said it was 
still smoking? 

LOYD JOWERS: Oh, the smoke was 
still coming out the barrel of the rifle. I 
breached it. Of course, that's what you've 
got to do before you break one down. 

LEWIS GARRISON: Clark had been 
back that night, that afternoon? 

LOYD JOWERS: He had been in the 
place that day, yeah. 



LEWIS GARRISON: Had you seen 




him go in the back? 

LOYD JOWERS: He went back and 
looked out the back. You see, the way the 
grill was laid out, up here is where all your 
customers are. The kitchen is here. Back 
here we've got a storeroom. He walked all 
the way back. 

Of course, I was there working, you 
know. I didn't really pay attention to him. 

Of course, he was a friend of mine. 

ANDREW YOUNG: You met him by 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

547 

the back door by the storeroom? 

EOYD JOWERS: You are ta lkin g 
about that night? 

ANDREW YOUNG: Yes. 

EOYD JOWERS: Yes, I met him - 
yes, I was at the back door. 

ANDREW YOUNG: Out of the 
storeroom? 



EOYD JOWERS: Yeah. 




ANDREW YOUNG: And he came up 



from the woods back there or bushes? 

LOYD JOWERS: Erom the bushes. 

ANDREW YOUNG: And he handed you 
the rifle? 

LOYD JOWERS: About that quick. 

All I got was a glance of him. I had the 
back door standing open. I didn't have to 
open the door or anything. It was standing 
open. The rifle was smoking. 

I'll put it like this: I thought it 
was a 30-30. 1 didn't examine it. I didn't 
have time. All I done was get that empty 
shell out of it, and there were no other 
shells in it but that one. That's all that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

548 

was in there. 

The rifle was smoking. I broke it 
down right quick, put it up under my apron, 
walked up to the front, set it underneath the 
counter. I wrapped it in a table cloth 




first. 



I stuck it under the counter and 
went on up to the front of the building. By 
the time the police got there, it took them 
about two, two and a half minutes to get 
there, I didn't have time to see nobody or do 
nothing getting up there that quick. Of 
course, I was working by myself. 

ANDREW YOUNG: You had heard 
the shot before you went to the back? 

LOYD JOWERS: No, I was already 
in the back. 

ANDREW YOUNG: You were already 
in the back at six-oh-clock? 

LOYD JOWERS: Yeah. 

ANDREW YOUNG: You heard the 
shot from from back there? 

LOYD JOWERS: One shot is all I 
heard. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

549 



LEWIS GARRISON: You'd been told 




to be back there at six, hadn't you? 

LOYD JOWERS: I had been told to 
be back there at six, yeah, that a man was 
going to pass me a package. He didn't tell 
me what it was. I certainly didn't know he 
was going to shoot anybody, especially Dr. 
King, the fact it turned out to be. 

What I would have bet was a 30-30, 
but it could have been a 30-06. There is not 
that much difference in them if you ever 
compared them. There is not that much 
difference in them. They both break down 
about the same way. I didn't have to break 
it down, but I was told to — 

ANDREW YOUNG: Did you used to 
go hunting with Mr. Clark? 

EOYD JOWERS: Oh, yeah. I went 
hunting with him. Never went with him any 
more after that, though. 

EEWIS GARRISON: You said you 

and Mr. Clark worked at the police department 

at same time, that you were a police officer 



at the same time he was? 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

550 

LOYD JOWERS: He come on the 
police department just a short time before I 
got off. But now we went hunting down in 
Mississippi pretty regularly, went hunting on 
Rex Chenault's place down in Mississippi, 
down below Hernando. 

ANDREW YOUNG: Is Mr. Clark 
still alive? 

LOYD JOWERS: I think he is, 
isn't he? 

LEWIS GARRISON: No, he is dead. 

LOYD JOWERS: Oh, is he? 

LEWIS GARRISON: His wife is 
still living, though. Mr. Barger is dead. 

The only one that is still living is 
Officer Zachery, who was in and out of the 
grill, wasn't he? 

LOYD JOWERS: Well, unless I'm 
mistaken about this. Officer Zachery was in 



charge of the men that was in charge of Dr. 




King's security. Now, I could be wrong about 
that, but that's what I thought. 

LEWIS GARRISON: He was in and 
out of the grill some. Officer Zachery. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

551 

LOYD JOWERS: Oh, yeah. 

LEWIS GARRISON: Merrell 
McCullough was there, that's one of the first 
ones you ever mentioned? 

LOYD JOWERS: McCullough, yeah. 

LEWIS GARRISON: How was he 
identified? How was he introduced to you, 

Merrell McCullough? Who introduced him to 
you? 

LOYD JOWERS: I don't remember 

if it was Clark or Johnny Barger. It was one 

or the other of them. 

Now, Johnny Barger was my partner. 

We were policemen together. He is the one 
who introduced me to Erank Liberto. We used 



to go there quite often. They was real good 




friends. 



Of course, I got to be pretty good 
friends with Frank, because he could do you a 
lot of good in Memphis, especially on the 
police department. 

DEXTER KING: Did you know 
Erank's family, like his wife? 

EOYD JOWERS: I met her one 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

552 

time, but as far as really knowing her, I 
can't say I did. I never was out with her 
ever at a party or anything. 

DEXTER KING: Do you know her 
name? 

EOYD JOWERS: I always called 
her Ms. Eiberto. 

EEWIS GARRISON: Is she still 
living? 

DEXTER KING: Is she still 
living? 



EOYD JOWERS: I think she is. 




Dexter, you do remember I'm hard of 
hearing, don't you? I only hear about thirty 
percent in this ear. That's the reason we're 
taping this, because sometimes I don't get a 
question right. If I don't get it right, I 
can't answer it right. 

LEWIS GARRISON: They took - I 
don't know if you and Mr. Young are aware or 
not, but the FBI questioned Mrs. Liberto, who 
was the mother of Mr. Liberto, and his 
brother, who was on the police force, and 
I've got copies of those statements. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD 

( 901 ) 529-1999 

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DEXTER KING: Was his brother 
Charles? 

LEWIS GARRISON: A Memphis 
police officer. They had a picture of Mr. 

Ray. They all asked if they knew him, and 
they said they did not but he looked 
familiar, like someone they had seen around. 

DEXTER KING: When they saw the 




picture of Ray you are saying they thought it 
was somebody — 

LEWIS GARRISON: Mr. Ray claimed 
in his deposition he had gone to New Orleans 
to meet with Raul. In her affidavit and 
also his brother and I believe someone else, 
they all said Mr. Ray's face looked fa mi liar. 

DEXTER KING: Was the brother a 
police officer in New Orleans? 

EEWIS GARRISON: Yeah. He is 
retired now. He is still there, as far as I 
know. 

DEXTER KING: Does he have a 
business? 

EEWIS GARRISON: He may. I'm 
not sure, to be honest with you. I'm not 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

554 

sure. He is retired from the police 
department. He may have a business. I'm not 
sure. 



DEXTER KING: Do you know 




anything about his brother, Charles? 

LOYD JOWERS: The one that lives 
in New Orleans? 

DEXTER KING: I think so. 

Charles. 

EOYD JOWERS: No, sir. I never 
did know Charles. Now, I heard of him. 

Erank told me about him. But I never met 
him, as far as I can remember. I never met 
Charles. 

DEXTER KING: What about in Dr. 

Pepper's book he talks about the market, I 
think E&M or I think E&E, Eatch & Eiberto? 

EOYD JOWERS: Yeah, over on 
Scott Street. 

DEXTER KING: Okay. I think 

there was a Erank Eiberto, a produce dealer, 

and a Erank Eiberto — 

EEWIS GARRISON: There were 
three of them. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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555 




DEXTER KING: There were three. 

EEWIS GARRISON: A car salesman, 
liquor store owner and produce dealer. 
DEXTER KING: I was going to 
ask you did you know all of the three or any 
of the three? 

EOYD JOWERS: The only one I 
knew was Erank. He is the one that always 
called me. Eike I say, I handled that one 
hundred thousand dollars for him. But it 
wasn't the first time I handled money for 
him. But it was the last time. 

DEXTER KING: Eet me 
understand. They would ask you to receive 
the money. They would send it over in a 
box? 

EOYD JOWERS: With my produce, 
yeah, in the bottom. 

DEXTER KING: Then somebody 
would pick it up from you? 

EOYD JOWERS: Yeah. 

DEXTER KING: Pick up the box. 

Okay. Now, in the case of the one hundred 




thousand that they sent over, did they tell 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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556 

you that it was for, you know — 

LOYD JOWERS: They never told me 
what — none of the money I handled for them 
over the years, they would never tell me what 
it was for, just that it would be in there. 

This time they told me how much it was. But 
I didn't count it. I did not. I never 
counted it. 

LEWIS GARRISON: Describe for 
them what it looked like, Mr. lowers. 

LOYD JOWERS: Well, it was in 
one-hundred-dollar bills. Heck, I don't know 
how thick it was. About like that. Two 
rubber bands around them, one on each end. 

It was in a brown paper bag. 

ANDREW YOUNG: It was in with 
your vegetables? 

LOYD JOWERS: It was underneath 



my vegetables, it sure was. 




DEXTER KING: Now, who picked 
up that box? 

EOYD JOWERS: Eirst Erank called 
me and told me there will be a Cuban by to 
pick it up. He said, you give him that 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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package. That's when he told me that there 
was a hundred thousand dollars in it. 

I told him, said, Erank, you know I 
ain't going to count that money. If it is a 
hundred thousand, that's fine. If there is 
not that much, that will have to be fine, 
too. 

Then he called me back — let's 
see. That was on a Wednesday morning. Then 
he called me back and said, now, that wetback 
is going to be by there to get that package 
that is going to be handed in that back 
door. He called him a wetback. I never 
heard a Cuban called a wetback. So I don't 



know if it was a Cuban or a Mexican, but it 




was definitely a foreigner. 

DEXTER KING: Was that Raul? 

EOYD JOWERS: That's what they 
said his name was. I don't believe that was 
his name anymore than I believe yours is Jack 
Thomas. 

DEXTER KING: Why is that? 

EOYD JOWERS: I just don't 

believe that. Why would a man use his own 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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name when he is involved in something l ik e 
that? Why would he do that? 

No, he would use Jack Jones or — 
but Raul, I was going to look that up and 
see what that stands for in a foreign 
language. I'm not sure what it stands for. 

But it is very common among foreigners. 

EEWIS GARRISON: You at first 
thought he said Royal, didn't you? 

EOYD JOWERS: I thought he said 
Royal, I sure did. But he corrected me and 




told me Raul. I said, well, whatever. 



LEWIS GARRISON: Did you know 
any of Frank Liberto's close friends, who his 
close friends were? 

LOYD TOWERS: Well, the lady 

that owned a restaurant out on in Highland 

Heights. 

DEXTER KING: Is that Lavada 
Whitlock Addison? 

LOYD TOWERS: Ms. Whitlock, 
right. Now, I met her one time back along 
about that time. She wasn't all that old a 
woman, either. I don't remember what the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD 

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559 

occasion was, but I did meet her. Of course, 

I knew Nathan over the years after the 
assassination took place. I knew Nathan real 
well. 

DEXTER KING: That was her 
son? 



LOYD TOWERS: Pardon? 




DEXTER KING: Nathan was her 
son, right? 

EOYD JOWERS: Yes, sir. 

DEXTER KING: Now, he knew 
Eiberto as well? 

EOYD JOWERS: He knew him real 
well. See, Ms. Whitlock owned a restaurant 
out on Highland Heights, on Macon Road, I 
believe. I believe that's where it was. 

Erank used to stop in there all the time. 

The fact is he tried to go to bed 

with her all the time, Mrs. Whitlock. He may 

have. I don't know. Anyway, he'd get oiled 

up, get drunked up, and he'd do a lot of 

talking. 

DEXTER KING: Do you know any 
other friends of his or were those the only 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

560 

two? 

EOYD JOWERS: You know, apart 



from the people on the police department. 




Johnny Barger, I'm not sure if Cross was a 
friend of his or not, but I know Johnny 
Barger was. 

We used to be in a squad car in a 
territory and we'd leave our territory and go 
over on Scott Street to his place of 
business. Sometimes we'd stay but a few 
minutes, then other times we'd stay longer 
than that. 

See, you have to understand that 
back then, back then everything was done 
politically. If you got anywhere, you had to 
know somebody that knew somebody. It is 
almost that way now, but it was really, 
really bad back then. There was no blacks on 
the police department, it was just an unheard 
of thing. 

ANDREW YOUNG: Was that Crump 
time? Was Crump in office back then? 

LOYD JOWERS: Oh, yeah. Crump 
is the one that got me the job. I went to 

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see him on a Monday, and on a Thursday I went 
to see the police commissioner. That Monday 
morning I was riding in a squad car with a 38 
hanging on my side, billy stick hanging on 
this side. That's just the way things 
operated back then. 

ANDREW YOUNG: Were you in the 
military? 

LOYD JOWERS: I was in the Navy, 
yes. I had been discharged out at 
Millington, I don't know, less than a year 
after I went on the police department. 

Jobs were kind of hard to find back 
then. They were doubly hard for black 
people. It was hard enough for white people, 
but it was tough on blacks back then to find 
a job. 

DEXTER KING: Any other friends 
that come to mind of Mr. Liberto's? 

LOYD JOWERS: No, I can't think 
of any more. I really can't. 



DEXTER KING: What about in 




Texas, did you know of any of his 
relationships with friends in Texas? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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562 

LOYD JOWERS: Who? Erank? 

DEXTER KING: Yes. 

LOYD JOWERS: No, sir, I didn't 
know any. I didn't know he had people 
there. I knew he had a brother that lived in 
New Orleans. 

DEXTER KING: So you weren't 
aware of any business he may have been in 
Texas or New Orleans? 

LOYD JOWERS: No. 

DEXTER KING: You just knew he 
had a brother? 

LOYD JOWERS: I knew he had a 
brother that lived in New Orleans. I don't 
remember who told me. I don't think Erank 
told me, but he said he was in the same 
business that Erank was in. And by that — 

DEXTER KING: You mean produce? 




LOYD JOWERS: Yeah. Yeah. And 
in the Mafia. 

DEXTER KING: When did he first 
talk to you about the killing? 

EOYD JOWERS: About the killin g 
of Dr. Martin Euther King? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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563 

DEXTER KING: Uh-huh. 

EOYD JOWERS: After it took 
place. After it took place. 

DEXTER KING: The thing I read 
is a little confusing from Mr. Garrison, the 
part about — I thought it said that Erank 
Eiberto was discussing this potential riot or 
March beforehand. 

EOYD JOWERS: Oh, we talked 
about that, sure. But there was no killing 
mentioned, no. 

DEXTER KING: Okay. But when 

he said or alleged that he said that he would 



go home with his toes in the air, sticking in 




the air or something, sticking up, that if he 



comes here, in other words, he will leave 
dead, I mean, that's the way I interpreted 
it. 

LOYD JOWERS: If Frank Liberto 
ever told me that, I don't remember. But I 
wouldn't doubt him saying that. I would 
not. Because that's just the way he was. 

DEXTER KING: So you don't 
remember talking about the killing until 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHERFORD 

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564 

actually after it took place? 

EOYD JOWERS: If he - he didn't 
mention it until after the fact. I do not 
remember. 

DEXTER KING: When he did, what 
did he tell you, when he finally mentioned 
it? 

EOYD JOWERS: He asked me a 
question. He didn't come down to the place. 

He called me on the phone. He said, do you 




know what that bundle money was for? I said, 
well, I have no idea. He said, well, that's 
what it cost me to get King killed. 

Word for word, that's what he told 

me. I almost dropped the damn telephone. 

Well, you know, it surprised me. I figured 
it was to buy guns with or dope or whatever 
it was he was dealing with. 

DEXTER KING: So you were 
surprised? You were really shocked? 

EOYD JOWERS: I certainly was. 

Why, sure I was. Now, if there was no 
conspiracy — let me pass this by you. If 
there was no conspiracy. Dr. King, whenever 

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565 

he come up to Memphis, he checked into the 
Rivermont Hotel where he stayed when he come 
to Memphis. Everybody knew that. I knew it, 
even. I kept up with him not real close. 

You know, the black people that come in my 
restaurant, we'd talk about it. I'd carry on 




a conversation with them. 



The very next day, I think the very 
next day, they moved him over to the 
Lorraine. 

Okay. Now — I can't remember her 
name. Anyway, the lady that runs the place. 

DEXTER KING: Ms. Bailey? 

EOYD JOWERS: Ms. Bailey. She 
put him downstairs. They almost — I don't 
think he stayed downstairs one night. They 
almost immediately moved him to the second 
floor. 

Now, there had to be a conspiracy. 

I couldn't have done it. James Earl Ray 
couldn't have done it. There had — it had 
to be his security people or the CIA or the 
EBI. It had to be. 

DEXTER KING: Did you know of 

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anybody else who may have mentioned the plot 
before, you know, it happened other than 




Liberto? I mean, did anybody mention the 
possibility that this might happen or that it 
was going to happen to you? 

LOYD JOWERS: I don't remember 
anyone mentioning it black or white. I 
really don't. I had about half my 
customers — I'm talking about overall about 
half black and half white, because I was in a 
mixed neighborhood. Which was fine with me. 
I didn't care what color they were. You 
know, I always tried to see that everybody 
had enough food when they left. But to my 
knowledge, no one ever mentioned that. 
ANDREW YOUNG: Mr. lowers, do 
you mind saying how old you are now? 

EOYD JOWERS: I'm just passed 
seventy-one. November 20th I'll be 
seventy-two. I have glaucoma in both eyes. 

I've got a cataract on this one. 

ANDREW YOUNG: But you are 
looking pretty fit, though? 

EOYD JOWERS: I am. I exercise 



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567 

every day. I do. I exercise every day. 

Hell, I may live to be a hundred, but I don't 
believe it. I smoke two packs of cigarettes 
every day. 

LEWIS GARRISON: You told 
Mr. King before about a meeting that was held 
in your place where some people identified 
themselves as — 

LOYD JOWERS: Yeah. Do you 
remember me telling you that? 

DEXTER KING: I do. 

LOYD JOWERS: About these 
policemen meeting there. 

LEWIS GARRISON: The CIA and 
EBI — (Inaudible). 

LOYD JOWERS: The CIA and the 
EBI were there, but they weren't there the 
same time all those policemen were there. 
They were not there at the same time. But 
that wasn't unusual. Cab drivers would meet 
in there, policemen met in my place. 




ANDREW YOUNG: This is all 



before Dr. King was killed? 

LOYD JOWERS: Oh, yeah, this 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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568 

all took place before. Very rarely did they 
have any more meetings after the — if a 
policeman came in, it would be be Johnny 
Barger or Clark or someone like that that 
would just stop in for a minute. 

DEXTER KING: So did you ever 
overhear anything that they were saying or 
did you have a sense for what they were 
meeting about? 

LOYD JOWERS: Now, I would be 
working. You know how it is in a 
restaurant. I would be working and I'd pick 
up a word. I wouldn't know what the meeting 
was about. What was discussed, I couldn't 
say. Of course, I would only get a word now 
and then from going by the table. 



DEXTER KING: Now, you said 




they didn't meet together. You mean the 
Memphis police met separately from the CIA? 

LOYD JOWERS: In the past, 
yeah. See, this CIA business with the FBI on 
my part of it was just guesswork, because 
they always wear plain clothes. 

ANDREW YOUNG: Did they come 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHERFORD 

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569 

together, the FBI and CIA? 

EOYD JOWERS: Yeah, they was 
together. 

ANDREW YOUNG: But not with 
the — 

EOYD JOWERS: They were not with 
the — now, there was one stranger who was 
with the police that I never seen before or 
after the meeting. That was with Johnny 
Barger and Clark. I just don't remember who 
all was at that meeting. Eike I say, I was 
working. They had been there spending 
money. Of course, I waited on them. 




LEWIS GARRISON: How many times 
was Merrell McCullough there before this? 

LOYD JOWERS: How many times 
what now? 

LEWIS GARRISON: How many times 
was Merrell McCullough in there before this 
meeting? 

LOYD JOWERS: How many times was 
he in there? I can't remember. He could 
have been in there when I wasn't even 
around. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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570 

LEWIS GARRISON: But you saw him 
in there several times? 

LOYD JOWERS: I saw him several 
times, sure. 

LEWIS GARRISON: He was 

introduced to you as a police officer, wasn't 

he? 

LOYD JOWERS: Yeah. 



LEWIS GARRISON: Johnny Barger 




told you that was his assistant or — 



LOYD JOWERS: I believe he was a 
sergeant at that time. 

LEWIS GARRISON: Barger? 

LOYD JOWERS: No. 

LEWIS GARRISON: Merrell 
McCullough? 

LOYD JOWERS: McCullough. I 
believe he was a sergeant when Dr. King got 
killed. I think he was. 

LEWIS GARRISON: Was he in a 
police uniform when you saw him? 

LOYD JOWERS: No. 

LEWIS GARRISON: He was not? 

LOYD JOWERS: No. He was 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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571 

plainclothed whenever he would come in the 
restaurant. I never did see him in his 
uniform. Now, Johnny Barger always came in 
his uniform. 



DEXTER KING: Tell me again. 




because I just want to make sure I've got the 
details down, when you received the money, 
who brought the produce to you, the produce 
box? 

LOYD JOWERS: One of Frank's 
regular drivers. I don't recall his name, I 
really don't, if I ever knew his name. 

DEXTER KING: Do you remember 
when you received it, what date and time, 
that kind of thing? 

EOYD JOWERS: Yeah. They 
brought my produce on Wednesday. 

DEXTER KING: Okay. This was 
afternoon or — 

EOYD JOWERS: Yeah, it would be 
in the afternoon. I opened up about five 
o'clock, got lunch ready, I wouldn't go home 
until four o'clock in the afternoon. 

DEXTER KING: Then Frank called 

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572 



you that afternoon? 




LOYD JOWERS: Yeah. 



DEXTER KING: To ask you 
whether you received it? 

EOYD JOWERS: Yeah. 

DEXTER KING: What did he say 
about the money? 

EOYD JOWERS: He described 

this — he called him a Cuban the first time, 

then he called him a wetback after that. So 

I don't know. He was a foreigner, anyway. 

DEXTER KING: What did he say 

about the money? He just said the money was 

in the box? 

EOYD JOWERS: Yeah. He didn't 
tell me where. I knew it was hid then the 
bottom of it 

DEXTER KING: He asked you if 
you had counted it? 

EOYD JOWERS: Yeah. 

DEXTER KING: You said no, you 
weren't going to count it? 

EOYD JOWERS: That's the first 
and last, only time, he ever asked me if I 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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573 

had counted it. 

DEXTER KING: Okay. But then 

what did he say you were supposed to did with 

the money? 

LOYD JOWERS: He said put it up 
until tomorrow, there will be a wetback or a 
Cuban by there to pick it up. I said, well, 
okay. So I put it in the old cook stove I 
didn't use, because nobody ever went in 
there, and I knew they didn't. But they 
couldn't have got by me anyway. 

DEXTER KING: So did the Cuban 
come and pick it up? 

LOYD JOWERS: Yeah, the next 
any. The next day. 

DEXTER KING: That's the person 
that is alleged to be Raul? 

LOYD JOWERS: Yeah. 

DEXTER KING: Was that your 



first time ever seeing him? 




LOYD JOWERS: If he had ever 
been in there before then, I didn't know it. 

Now, I won't tell you he wasn't in there, but 
I didn't know if he was. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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574 

DEXTER KING: So you just gave 
him the money panned that was it? 

LOYD JOWERS: Sure. He walked 
on out the door. Same way when he come and 
picked that rifle up I took in the back 
door. He come in, picked it up, hit that 
door, turned right north on Main Street, and 
I haven't seen him anymore since then. 

DEXTER KING: That was Clark? 

LOYD JOWERS: No, I'm ta lkin g 
about Raul. 

DEXTER KING: I'm sorry. I was 
confused. You said you haven't seen him 
since he came to the back door. Is that what 
you said? 



LOYD JOWERS: I'm talking about 




the guy that picked the rifle up the next 
day, the one that actually — 

DEXTER KING: Is that the same 
guy you gave the money to? 

EOYD JOWERS: Yes, same guy. 

DEXTER KING: Same guy? 

EOYD JOWERS: Same guy. 

DEXTER KING: Okay. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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575 

EOYD JOWERS: Now, they said it 
his name was Raul. It could have been. 

DEXTER KING: What's confusing 
is I think that — I thought that the person 
who picked up the money was different from 
the person who picked up the rifle. 

EOYD JOWERS: No. 

DEXTER KING: It was the same 
person? 

EOYD JOWERS: Same person. 

ANDREW YOUNG: But a different 



person gave you the rifle? 




LOYD JOWERS: Oh, yeah, 
definitely. 

ANDREW YOUNG: Who gave you the 
smoking rifle? 

EOYD JOWERS: That was a white 

man that gave me the rifle. I could see that 

much. 

EEWIS GARRISON: Wait a minute, 

Mr. lowers. You are getting confused. You 
are talking about after the shot was fired? 

EOYD JOWERS: Yeah. 

EEWIS GARRISON: A white man 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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576 

gave you — this white man gave you a rifle 
after the shot was fired? 

EOYD JOWERS: Yeah, in the back 
door. 

EEWIS GARRISON: You are pretty 
sure that's Clark? 

EOYD JOWERS: I'd almost swear 



to it. But now as far as getting a good look 




at him, I did not, because the thing really 



took (snapping of fingers) that fast. 

LEWIS GARRISON: But the person 
who brought the gun in was the one he called 
a wetback? 

LOYD JOWERS: Yeah. 

LEWIS GARRISON: Then the person 
when came back and got it was — 

LOYD JOWERS: The same person, 
sure was. 

ANDREW YOUNG: Let's see. 

We've got three trips: One that they came to 
pick up the money. That was the same man 
that brought you the rifle? 

LOYD JOWERS: The same man that 
picked it up, yeah. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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577 

ANDREW YOUNG: He brought you 
the rifle? 

LOYD JOWERS: Yeah. 



ANDREW YOUNG: He picked up the 




money. Then he came back and picked up the 
rifle? 

LOYD JOWERS: Now, wait a minute 
now. There is a misunderstanding here 
somewhere. I never seen a rifle in my 
restaurant until after the killing. 

LEWIS GARRISON: You said they 
brought in a box. 

LOYD JOWERS: There was a box. 

How would I know? It had never been opened. 

I don't know what it was. Now, there was a 
box. 

LEWIS GARRISON: A long box? 

LOYD JOWERS: It was big enough 
for that rifle to go in. 

ANDREW YOUNG: Raul brought 

that — I mean the Cuban had brought that 

box? 

LOYD JOWERS: The same guy. 

There are three trips he made. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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578 




ANDREW YOUNG: Okay. 

LOYD JOWERS: That's right. 

DEXTER KING: Okay. So he 
brought the box after the produce was 
delivered, the long box? 

LOYD JOWERS: Yeah, he brought 
that separate. 

DEXTER KING: But he didn't 
deliver the produce? 

LOYD JOWERS: No. 

DEXTER KING: That came from 
Erank's market? 

LOYD JOWERS: Erank Liberto. 

LEWIS GARRISON: You bought from 
them pretty regularly? You bought all your 
produce from them, didn't you? 

LOYD JOWERS: The same driver, 
yeah. It was the same driver. 

LEWIS GARRISON: How long had 
you owned Jim's Grill at that time? 

LOYD JOWERS: I opened that 
grill up I believe in either late 1966 or 



early 1967. 




LEWIS GARRISON: You had been 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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579 

buying produce from this same place all the 
time? 

LOYD JOWERS: Yeah. If Erank 

didn't have something, I would get it from — 

ANDREW YOUNG: Do you remember 
what it was, what kind of produce it was with 
the money? 

LOYD JOWERS: That day? 

ANDREW YOUNG: Uh-huh. 

LOYD JOWERS: If I thought about 
it long enough, I could remember. Well, I 
know I ordered three or four stalks of 
celery, because I was going to have soup. 

You have to have celery to go in soup. 

Anyway, I know that celery was in there and 
maybe a head or two of lettuce. Just what 
you would use in a restaurant. 

DEXTER KING: Then when he 



brought the long box — when was that 




brought? 

LOYD JOWERS: What time of day? 

DEXTER KING: Was this the same 
day? 

EEWIS GARRISON: Was it the 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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580 

same — are you talking about the same day he 
brought the produce in? 

DEXTER KING: Right. The same 
day? 

EOYD JOWERS: You know, I don't 
believe it was. I don't think there was but 
that one delivery that day. You know, I 
don't believe that long box was brought when 
I was — you know, I believe that long box 
was brought when I wasn't there. That would 
have been the next day. That would have been 
the day that Dr. King got killed. 

DEXTER KING: Who came and got 
the long box? Who came and got the rifle? 



How did they get the rifle? 




LOYD JOWERS: If it was a 



rifle. If it was a rifle. 

DEXTER KING: Okay. 

EOYD JOWERS: Raul would have 
had to have picked it up. He had to come 
after it, because I never give that long box 
to no one else. 

DEXTER KING: Where did you put 
it? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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581 

EOYD JOWERS: Under the 
counter. Under my — you know, you have a 
long counter. I put it up under the 
counter. Now, it wasn't wrapped up or 
anything. It was just along box. It was 
about that thick, about that wide. It wasn't 
all that long. Maybe as long as this table. 

DEXTER KING: They told you to 
store it? 

EOYD JOWERS: Just hold on to 
it. 




DEXTER KING: So they came back 
to get it when you weren't there? 

EOYD JOWERS: I don't remember 
giving it to anyone, I don't. I do not. 

ANDREW YOUNG: And the police 
never searched your store? 

EOYD JOWERS: No, never. I 
talked to one. He said he was EBI. That's 
the next day. 

ANDREW YOUNG: But they never 
searched your place? 

EOYD JOWERS: No, sir. 

ANDREW YOUNG: Never looked 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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582 

back in the back in the storeroom? 

EOYD JOWERS: No, sir. To my 
knowledge — it had a full basement 
underneath that place. To my knowledge, they 
never went down there. As far as I know, 
they didn't. 



Now, I thought that was kind of 




strange. There could have been a half dozen 



people down in that basement, you know. Of 
course, there wasn't nothing down there. 

DEXTER KING: Who owned the 

produce company that sent you the vegetables? 

EOYD JOWERS: Who owned it? 

DEXTER KING: Who owned it? 

EOYD JOWERS: Well, I always 
believe Erank Eiberto owned it. But that 
don't mean he did. He always said he owned 
it, anyway. 

DEXTER KING: Did Eatch have 
any — 

EOYD JOWERS: I don't know. I 
can't answer that. 

DEXTER KING: Did you know 
Eatch? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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583 

EOYD JOWERS: Pardon. 

DEXTER KING: Eatch, do you 



know Eatch? Is he still living? 




LOYD JOWERS: No. I met him one 



time. As far as knowing anything about him, 

I don't. 

DEXTER KING: I wanted to go 
back to the meeting with McCullough. Did he 
come in with the Memphis Police officers or 
with the Eeds? 

EOYD JOWERS: No, he come in 
with the Memphis Police. I believe there was 
a total amount of five. The reason I say 
that, we had two people sit here and two over 
here at a booth, and I took them a chair, so 
there had to be five. 

I know one I had seen — I know one 
I had never seen before and haven't seen him 
since. Now he could have been EBI, could 
have been CIA. I don't know. 

DEXTER KING: You never heard 
their conversation, but you had a sense of 
what they were meeting about? 

EOYD JOWERS: I knew it was 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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584 



something illegal. I knew that part of it. 

I would pick up a word now and then. I knew 
they were up to something illegal, sure I 
did. I wasn't really too concerned about it 
because I didn't want to know about it. I 
really didn't. 

DEXTER KING: Did anybody else 
see the money that you received? 

EOYD JOWERS: Yeah. Betty 

Spates says she saw it. Now, whether she did 

or not, I don't know. 

EEWIS GARRISON: One of the 
other ladies that worked there? 

EOYD JOWERS: She described it 
to me. 

EEWIS GARRISON: Her sister? 

EOYD JOWERS: I'm almost sure 
she saw it. 

EEWIS GARRISON: Two of them 
did. 

DEXTER KING: How would she 



have seen it? Did she go and look in the — 




LOYD JOWERS: She would have had 



to have opened that oven up, the old stove, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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585 

and looked at it. 

LEWIS GARRISON: We have taken a 
deposition from her. 

DEXTER KING: Now, Betty Spates 
was the black waitress? 

LOYD JOWERS: Yeah. 

DEXTER KING: And you had a 
relationship with her. Is that correct? 

LOYD JOWERS: That's true. 

DEXTER KING: Would she have - 

I'm wandering around a little bit because I'm 

going off my memory. 

LOYD JOWERS: I'm following you 
pretty good. Go ahead. 

DEXTER KING: Did she say that 
she saw you run in with the rifle? 

LOYD JOWERS: She said that. 



Dexter, but she couldn't have because she was 




not there that night. She was not. 

Now, I was the only one working that 
night. If Harold Parker was still living, he 
would tell you that. He would also tell you 
I went to the back door at six o'clock, too. 

He was sitting — there a row of booths 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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586 

here. He was sitting sitting in the back 
booth, and the back door was down here. And 
the back door was standing open. 

DEXTER KING: What did Erank 
tell you about the murder weapon? I remember 
before we met — when we met before, he said 
something about he said it was his property. 

LOYD JOWERS: He said it was 
his, yeah, he sure did. 

DEXTER KING: But that was 
after you retrieved it and put it under — 
well, let me ask you. 

LOYD JOWERS: When he told me 



that, I had already given i to Raul or 




whatever his name was. 



DEXTER KING: The next day? 

EOYD JOWERS: He didn't tell me 
the next day, I don't think. Two or three 
days later after that I talked to him. 

DEXTER KING: No. I'm saying 
when did you give it to Raul? 

EOYD JOWERS: I give it to him 
early the next day, sure did. 

DEXTER KING: April 5th? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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587 

EOYD JOWERS: Yeah, the very 
next day. 

DEXTER KING: Okay. But 

Eiberto didn't know that Raul was pieking it 

up? 

EOYD JOWERS: Oh, yes, he did, 
too. I wouldn't have give it to him if 
Eiberto hadn't told me. I believe he ealled 
him a wetbaek, he would be there to piek that 
paekage up you got in the baek door. 




Of course, after the shooting took 
place, then I knew what that damn rifle had 
done, I really had. 

DEXTER KING: You had put it 
all together then? 

EOYD JOWERS: Sure. It wasn't 
very hard to put together. I knew I was 
right in the middle of it. So all I could do 
from then on was keep my damn mouth shut. 

That's what I done. That's what the 
Mafia knew I would do. But I don't know. I 
don't think we'll ever get any more with it 
myself. Well just have to see. 

ANDREW YOUNG: McCullough is a 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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pretty young man? 

EOYD JOWERS: He was young back 
then. 

ANDREW YOUNG: He will be 
around a long time. 



EOYD JOWERS: Oh, yeah. 




LEWIS GARRISON: That is thirty 
years ago. He'd probably be — (Inaudible). 
LOYD JOWERS: Don't he work for 
the CIA now? 

ANDREW YOUNG: That's what I 
thought. 

LOYD JOWERS: That's what I 
heard. 

LEWIS GARRISON: Yeah. 

LOYD JOWERS: That's what I 
thought. That's what I heard. I didn't know 
that for sure. 

LEWIS GARRISON: If this was 
thirty years ago and — I think he would have 
been in his twenties back then, and this was 
thirty years ago. 

LOYD JOWERS: I think the only 

way we're ever going to be able to prove that 

DANIEL, DILLINGER, DOMINSKI, RICH] 

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this conspiracy is to get the EBI and CIA's 



records on it. It is common knowledge, white 



, WEATHEREORD 




and black both know, that J. Edgar Hoover 
hated Dr. King with a personal passion. 
ANDREW YOUNG: But there 
wouldn't be any record of it. 

EOYD JOWERS: You don't think 

they would make records on something like 

that? 

ANDREW YOUNG: No. 

EOYD JOWERS: Well, you are 
probably right. It wouldn't be too smart to, 
would it? How do you prove it? 

ANDREW YOUNG: Well, it is very 
difficult to prove. That's the reason why 
we've advocated what they did in South 
Africa, declare general amnesty and let 
everybody come forward and clear their 
conscience. 

EOYD JOWERS: Now, that would 
work if they did that. 

ANDREW YOUNG: And it would 
help — I think it would help the country. 
EEWIS GARRISON: I do - 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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590 

(Inaudible.) 

DEXTER KING: Eet me ask you, 

Mr. lowers, I know you are really afraid of 
being indicted if you come forward, but what 
if you were to come to the media, tell your 
story, like maybe talk to a reporter who is 
friendly, I mean, somebody who we feel would 
be sensitive, they wouldn't try to paint you 
in a - you know, in a negative light, but 
just tell the story the way it happened, not 
the way you've been dealt with in the past, 
you know, by some of the media. 

EOYD JOWERS: Yeah, right. 

DEXTER KING: But what if they 
did a print story first and then you followed 
that up immediately, like let's say the story 
came out in the morning and you call a press 
conference that day and you told your story 
in front of a host of reporters where they 
can't isolate you, you know, l ik e with ABC 
Prime Time and Turning Point, you know, they 




could control the message, whereas if you do 
you it in a live press conference, they can't 
edit it, they can't spin it in a way that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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591 

they want it to be, how would you feel about 
that? 

LOYD JOWERS: If I thought it 
would do any good. I'd do it in a minute. I 
think what it will do — I'm going to tell 
you what I think, Dexter. If I thought it 
would do any good, I would do it in a 
minute. But let me tell you, if I do that 
without immunity, the first damn thing a 
prosecutor in Memphis is going to do is get 
me indicted. 

Now, you can just believe that or 
not, but that's what will happen. He has 
already said he has got enough evidence to 
indict me but he don't have enough evidence 
to get a conviction. That's the reason I'm 
not indicted right now. I guarantee you it 




IS. 



ANDREW YOUNG: They would 
indict you for being part of a conspiracy? 

LOYD JOWERS: Yeah, they sure 
would. 

LEWIS GARRISON: They did make 
that statement. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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592 

LOYD JOWERS: Sure they did. 

The fact is I've investigated it. I had four 
or five beers in my belly, and I called him. 

I said, you son-of-a-bitch, do you think I'm 
scared to you? You are wrong. 

DEXTER KING: Was this Cook? 

LOYD JOWERS: What was that 
guy's name? 

LEWIS GARRISON: Glankler? 

LOYD JOWERS: Mark Glankler. 

That's who it was. I sure called him, got 
him out of a meeting. I told him, I said, 
hell. I'll come over and talk to you in a 




minute. 



LEWIS GARRISON: They never did 
talk to you? 

LOYD JOWERS: Ug-huh. He didn't 
have a whole lot to say. I went off on him. 

I sure did do it. 

LEWIS GARRISON: Erom the time 
this occurred on April 4th, 1968, they never 
talked to you about any part you had in it? 

LOYD JOWERS: No, never have. 

Whenever I went down to the police station 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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593 

the next day — maybe it was the next day. I 
think it was on the 6th. I went down and 
gave them a statement, you know, about who 
was in there. 

Of course, that had just happened. 

I remembered everybody that was in the 
place. I knew most all of them. I knew all 
of them personally, even the black guy they 
put in, Erank Holt, I knew him personally. 




But as far as them asking me anything, no. 

DEXTER KING: What was Holt 
doing there? Do you know? 

EOYD JOWERS: All I know is what 
he told me. He was going to work at the 
produce place. Damn, I can't remember the 
name of it. It wasn't Erank Eiberto's 
place. It was the one over on Eront Street. 

EEWIS GARRISON: I can't think of 
the name of it, either. 

EOYD JOWERS: Well, Carter's, 
that's where he worked. 

DEXTER KING: Did the rifle 
have a scope on it? 

EOYD JOWERS: Oh, yes, sure 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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did. Clip-on kind. 

EEWIS GARRISON: The problem 
with wht Mr. Holt is saying, Mr. lowers, is 
they didn't operate at night over at the 



produce company, did they? 




LOYD JOWERS: To my knowledge, 
they closed around five o'clock. 

LEWIS GARRISON: I don't know 

that he had anything to do with this case at 

all. 

LOYD JOWERS: I don't know, 
either. Not really. 

LEWIS GARRISON: There is 
nothing to indicate that he ever had anything 
to do with it at all. You never told anyone 
he had anything to do with it? 

LOYD JOWERS: All that detail 

that come out on ABC was Willie Akins' idea. 

ANDREW YOUNG: Was there 

anybody black other than McCullough that was 

in on the early planning? 

LOYD JOWERS: Not that I know 
of. There could have been. 

ANDREW YOUNG: But he was the 

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595 



only one that showed up in your place? 




LOYD JOWERS: He is the only one 
that ever showed up down there that had 
anything to do with it. If there was any 
more, if Jones was involved in it — that was 
Dr. King's driver. I knew him pretty well. 

Is he still living? 

DEXTER KING: People talk and 

say they have seen him, but nobody has been 

able to really pinpoint or locate him. 

LOYD JOWERS: I hadn't seen him 
in years. But I did know him. 

LEWIS GARRISON: Last fall, a 
year ago, Mr. Young, you've heard of an 
Officer Redditt, an African-American, I had a 
chance to talk to him a long time, and — 
have you ever talked to him, Mr. King? 
DEXTER KING: No, I haven't. 

LEWIS GARRISON: He said that he 
was there and, as you know, had been watching 
Dr. King and I guess Mr. Young when they were 
in Memphis, and he told me he was startled 
because he had no knowledge of anyone ever 
threatening him and had no reason to. The 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



( 901 ) 529-1999 

596 

first thing he knew, some officer came, I 
forget the name of the officer, and got him 
and took him to the police department, and 
the police commissioner was there along with 
who they identified as EBI agents and told 
him that he had received a threat. 

They took him to his home. An 
officer went home with him to make sure he 
stayed there. He said he knew what was going 
on. By the time he got home, he heard about 
the assassination. (Inaudible.) Strange 
thing to me, though — I've seen so many 
strange things — there is Mr. McCullough, 
undoubtedly with the police department it has 
been established, there he was, an 
African-American on the scene, yet Officer 
Redditt and the firemen, they were removed. 
DEXTER KING: I think the point 
you made was he was not interviewed as a 



witness. 




LEWIS GARRISON: Never. Not in 



the police department or anywhere. His name 
doesn't appear. He is shown in the pictures. 

ANDREW YOUNG: Sam Donaldson was 

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597 

the first one that pointed him out to me. He 
said he was with Army intelligence and that 
he was there to make sure that Dr. King was 
dead. 

EOYD JOWERS: Make sure Dr. King 
was what? 

ANDREW YOUNG: Was really dead. 

DEXTER KING: He was checking 
his pulse when he leaned over. 

EEWIS GARRISON: I heard he was 
supposed to give some type of a sign if he 
wasn't. 

(Reporter note: At this point 

the tape ends and picks up with the following 

statement by Mr. lowers:) 



EOYD JOWERS: Snub .38, a 




short-shot .38. It was and snub nose. 



That's four- inch of barrel. It shot a 
projectile about that long. They called it a 
short .38. They didn't make many of them. I 
got it stolen from me. 

LEWIS GARRISON: Mr. lowers, you 
told Mr. King, too, before what happened to 
the casing of the bullet. What did you do 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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598 

with that? 

LOYD JOWERS: I put it down - I 
tried to bend it together. Well, I did bend 
it together. I put it down in the commode 
and flushed it. It didn't go down. It 
stopped the damn commode up. Anyway — this 
is the next day. I got it out. That night, 
whenever I closed, I drove across the 
Mississippi bridge, and about in the center 
of it I throwed it over the side while I was 
driving along. It is in the bottom of the 
Mississippi River, the actual shell, the 




casing. 



DEXTER KING: What time did 
Eieutenant Clark — what time did you see him 
on April 4th? Eike how many times or what 
time did you see him in the grill? Was he in 
before the actual shooting? 

EOYD JOWERS: He had to be there 
before ten o'clock, because I left there 
about ten, ten-thirty. 

DEXTER KING: That was in the 
morning? 

EOYD JOWERS: In the morning, 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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599 

yeah. 

DEXTER KING: What was he doing 
there? 

EOYD JOWERS: Pardon? 

DEXTER KING: What was he doing 
there? 

EOYD JOWERS: He just stopped by 



like the policemen used to always do. 




ANDREW YOUNG: That was 



Mr. Clark? 

LOYD JOWERS: Yeah. 

DEXTER KING: This is on April 
4th? 

LOYD JOWERS: This was on the 
day of the assassination, yeah. I don't 
think Johnny Barger come by that day, but I 
know Clark did. 

ANDREW YOUNG: But now Clark had 
to come into the — into your store and had 
gone out through the back? 

LOYD JOWERS: He didn't go all 
the way to the back. You mean that 
afternoon? 

ANDREW YOUNG: That afternoon. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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600 

LOYD JOWERS: It is a long brick 
building. 

ANDREW YOUNG: I know it. 



LOYD JOWERS: It had an opening 




over here. All he had to do was walk in 



front of that fire station, walk on into 

the — no, he didn't have to come through my 

place. 

ANDREW YOUNG: What I was trying 
to figure out is how did the rifle get out in 
the backyard. 

LOYD JOWERS: Clark had to carry 
it out there, if he is in fact the one that 
had it. 

ANDREW YOUNG: So he carried it 
from the back of your store? 

LOYD JOWERS: Wait a minute. He 
carried it from his car or a car. It could 
have been a police car for all I know. I 
wasn't back there. He carried it from the 
street. Here is the fire station over here. 

It ran around behind my store right around to 
wherever it was he wanted to do the shooting 
from, I guess. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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601 




ANDREW YOUNG: But the box was 
in your store on the day before? 

LOYD JOWERS: The box had been 
in my store, but I didn't give it to anyone. 
That's what I'm telling you. I did not. 
ANDREW YOUNG: Okay. 

LOYD JOWERS: But now someone 
picked it up. But I didn't give it to no 
one. I couldn't swear it was a rifle. I 
think it was. Which anyone — you know, I 
just didn't. 

ANDREW YOUNG: But you are 
pretty sure that when you were standing at 
the back door, Clark gave you a smoking 
rifle? 

LOYD JOWERS: I'm sure it was 
Clark. 

ANDREW YOUNG: And then you put 
it under the counter? 

LOYD JOWERS: I broke it down 
and put it under the counter. I breached 
it. You know how you take the empty shell 



out. 




ANDREW YOUNG: Yeah. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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602 

LOYD JOWERS: I broke it down 
into two pieces, wrapped it in a table cloth, 
put it up under the counter and put some more 
towels on top of it. That's where it stayed 
until the next day. 

ANDREW YOUNG: And it was Raul 
that came back and picked it up? 

LOYD JOWERS: He didn't do 
anything with it except left it wrapped in 
that table cloth. He went out the front door 
with it. 

LEWIS GARRISON: What did he 

tell you he came in for that day, Mr. lowers? 

LOYD JOWERS: What did who say? 

Raul? 

LEWIS GARRISON: Raul or Royal, 
whatever — 

LOYD JOWERS: He come to pick 



that rifle up. 




LEWIS GARRISON: Did he tell you 
he came to pick the rifle up? 

LOYD JOWERS: He asked me if I 
had a package for him. I said, well, sure. 

I've got it under the counter, I got it last 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

603 

night. He said, that's what I'm asking for. 

He was real short about it, like if 
I wasn't going to give it to him, he'd blow 
me away. Anyway, I give it to him, and 
that's the last I seen of him. 

DEXTER KING: Do you recall an 
hour before the killing there was a phone 
call made to Erank Liberto about — in 
Pepper's book they talk about this guy 
McEerren overhearing a comment about "get the 
SOB when he is on the balcony" or something 
like that. 

LOYD JOWERS: There was no phone 
call that I know of made from my restaurant 
whatever. I had a pay phone, but there was 




not one made from my restaurant. If it 



was — 

DEXTER KING: You don't have 

any idea who Eiberto might have been speaking 

with? 

EOYD JOWERS: No, I do not. 

Now, I had heard that, and I don't doubt it 
taking place, but all I know is if somebody 
made a phone call from my place, they would 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

604 

have stepped inside and they called back 
there while I was working. I was running 
that place myself that night because I had no 
help. 

ANDREW YOUNG: Did you tell the 
help to stay home? 

EOYD JOWERS: No, sir. 

ANDREW YOUNG: They just stayed 
home accidentally? 

EOYD JOWERS: I don't know if it 



was accidental or not. I always wondered 




about that, you know, because they were good 
workers. Betty was a good worker, always 
come to work. 

ANDREW YOUNG: Is she still 
alive? 

LOYD JOWERS: Yes, she is still 
alive. She lives in Memphis somewhere. 

ANDREW YOUNG: Do you know where 
she lives? 

LEWIS GARRISON: She gave her 
deposition. 

LOYD JOWERS: She give a 
deposition. She lives at 931 Roland. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

605 

LEWIS GARRISON: I'm not sure. 

Something like that. 

LOYD JOWERS: That's where she 
lives. I understand she either has sold the 
house or done something with it and moved. I 
have no idea where. 



DEXTER KING: You mentioned a 




pay phone. Where was it located? 

LOYD JOWERS: Right in the front 
of the building. There was a front door — 
like there is a front door here. The pay 
phone was between the front of the building 
and my steam tables. Now, someone could have 
stepped in and used that phone. 

DEXTER KING: You don't 
remember anybody — 

EOYD JOWERS: I don't remember 
seeing anybody. 

DEXTER KING: - about 
four- thirty? 

EOYD JOWERS: I sure don't. 

That don't mean someone couldn't have stepped 
in that door and used that phone and I never 
would have known about it. Because I was 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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606 

trying to wait on everybody in the place. I 
think I had it full of customers, and I was 



trying to wait on them. 




DEXTER KING: Did you discuss 
any of the details of what happened with any 
of your associates, like Adkins (sic) or 
anybody like that? 

EOYD TOWERS: No. Willie said I 
told him a lot of things, but he is a big old 
liar. I ain't told him nothing. I'll tell 
him that, too, if I ever see him again. 

DEXTER KING: What time did you 
come to work on the 4th, April the 4th? 

EOYD TOWERS: Eour o'clock. 

That's the time I came every day unless — 

EEWIS GARRISON: Eour a.m.? 

EOYD TOWERS: No, p.m. You was 
talking about in the afternoon, wasn't you? 

EEWIS GARRISON: He was ta lkin g 
about in the morning. What time did you open 
in the morning? 

EOYD TOWERS: I opened at five. 

I thought you meant that afternoon. I 
already told you that I was home during the 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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607 



day. 

DEXTER KING: Right. Did you 
come in on April 4th in the morning? 

EOYD TOWERS: I was in there 

that morning, oh, yeah, about four o'clock, 

because I opened up at five. 

DEXTER KING: What were you 
saying about four, that you came in at - 
EOYD TOWERS: That afternoon I 
come in. See, after I got lunch ready, I 
turned it over to my cook, and she handled 
the lunch crowd. Then I come back to work 
that afternoon at four o'clock. 

DEXTER KING: What type of car 
were you driving that day? 

EOYD TOWERS: I don't know if I 
was driving my station wagon or my Cadillac. 
It was one or the other. Whichever one my 
wife wasn't driving, I was driving the other 
one. 

DEXTER KING: Did you hear - 



were you told that there would be — 




actually, I read it — that there would be 
somebody in the organization, in Dr. King's 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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608 

organization, that would get him on the 
balcony, so to speak, or get him in the 
position? Had you been told that? 

LOYD JOWERS: To my 
recollection, I don't remember anybody 
telling me that, I do not. Now, that doesn't 
mean they didn't do it. We're talking about 
thirty years ago or longer. 

DEXTER KING: Had you heard of 
anybody on the inside that they had 
infiltrateed or penetrated? 

LOYD JOWERS: Sure, I heard 
that. I sure did, from customers in the 
restaurant. I heard plenty of it. How much 
of that talk was true, I don't know. Maybe 
none of it. I tend not to believe half of 
it. 



DEXTER KING: What kind of 




stuff did you hear? 



LOYD JOWERS: Well, I heard that 
Jones was involved in it. Then I heard that 
the other person I heard was — it wouldn't 
make sense to me, but the guy that took his 
place, what's his name? 

DANIEL, DILLINGER, DOMINSKI, RICHE 

(901)529-1999 

609 

ANDREW YOUNG: Ralph Abernathy? 
LOYD JOWERS: Abernathy, yes. I 
heard he had him moved from downstairs to 
upstairs. I always doubted that. But 
somebody had it done. It had to be someone 
in his organization that would do it, I would 
think, or his security. I always figured his 
security had to have done it. 

DEXTER KING: You never heard 
anything mentioned about Reverend Kyles or 
Reverend Jackson? 

LOYD JOWERS: No, sir. I never 

did. I never did. I heard a lot of good 

about them. I never heard anything bad about 



WEATHEREORD 




either of those men. 



DEXTER KING: Did Eiberto ever 
mention his ties to Marcellous or — what was 
the guy in Memphis? — Genovise or Venovise? 

EG YD JOWERS: No, not that I can 
remember. 

DEXTER KING: But it was pretty 

common knowledge that he was associated with 

the Marcellous organization: 

EOYD JOWERS: Oh, yeah. Half 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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610 

the police department knew that. Or maybe 
more than that. 

EEWIS GARRISON: I believe you 

are talking about prostitution, gambling and 

what else? 

EOYD JOWERS: Who you are 
talking about? 

EEWIS GARRISON: Mr. Eiberto. 

EOYD JOWERS: Oh, Erank? He 

had a little gun-running deal, selling guns 




to I guess the Cuban rebels, I guess, or at 
least that is what I was told, you know. 

LEWIS GARRISON: Gambling, 
drugs? 

LOYD JOWERS: Oh, yeah. 

LEWIS GARRISON: Prostitution? 

LOYD JOWERS: I would think that 
money I handled for him before the 
assassination, that that money was going to 
buy drugs, guns, and payoff money. Now, he 
had to pay off, I can tell you that. 

LEWIS GARRISON: Who did he have 
to pay off? 

LOYD JOWERS: Well, he had the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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6II 

police department in New Orleans, the police 
department in Memphis. That got him a long 
way. I'm not too sure he didn't pay 
Mr. Crump some money back years ago. Because 
he was one powerful dude in this town, you 



can believe that. 




DEXTER KING: Were there two 



back doors from the building leading to the 
brush area, one from the kitchen and the 
other one from the rear stairway of the 
rooming house? 

EOYD JOWERS: Well now, are you 
talking about where my restaurant was? 

DEXTER KING: Yes, sir. 

EOYD JOWERS: Okay. My 
restaurant had a front entrance and it had a 
back entrance. Okay. The upstairs had a 
stairwell that come down the side, but it 
stayed blocked off all the time. How they 
got around the Eire Department blocking that 
off, I do not know, but they did. 

You could go down the steps, but you 
get to that door and it would not open inside 
or out. Of course, they had a front 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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612 

entrance, and it went right down beside my 
grill, which was inside the building, and it 




went right out right next to my door. 

My door was like here. Their 
entrance was right here, just right around 
the comer. 

DEXTER KING: Do you know the 

name of the people who were staying upstairs 

in the rooming house — 

EOYD JOWERS: Charlie Stephens. 
DEXTER KING: - on April 4th? 

EOYD JOWERS: Charlie Stephens 
is the only one I really knew. And the 
crippled boy lived there. Damn, his name — 
ni be darn. I knew his name because he was 
a customer that come in and bought a lot of 
beer. 

DEXTER KING: Was Earl Clark up 
there or Raul that afternoon? 

EOYD JOWERS: Not to my 
knowledge. Not to my knowledge. 

DEXTER KING: Do you remember 
what Clark was wearing that afternoon? 
EOYD JOWERS: No, I sure don't. 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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613 

He wasn't wearing a police uniform. I know 
that. 

DEXTER KING: I remember you 
mentioning a white shirt I thought the last 
time. 

EOYD JOWERS: Are you ta lkin g 
about the guy that handed me the gun? 
DEXTER KING: Right. 

EOYD JOWERS: Yeah, he had a 
white shirt on. Sure did. 

DEXTER KING: Do you remember 
what else he may have had on? 

EOYD JOWERS: Dark pants and a 
white shirt. Other than that, I cannot tell 
you, because it happened so fast, about like 
that and he was gone. 

DEXTER KING: Are you pretty 
comfortable — I should ask, did you see him 
fire the shot, the rifle? 

EOYD JOWERS: No, I did not. I 



did not. I heard the shot when it went off. 




I couldn't miss hearing it. Whether it went 



off from upstairs or down in the bushes, I 
couldn't miss hearing it. It sounded like a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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614 

damn cannon. 

DEXTER KING: You say it did go 
off upstairs? 

LOYD JOWERS: Whichever place it 
went off. There wasn't but how many feet up 
there, ten, twelve feet. That was right over 
my back door. That's where the bathroom is. 

My back door is right here, and the bathroom 
is about ten, twelve feet above. 

DEXTER KING: But if he handed 
you the rifle, how could he have been 
upstairs? 

LOYD JOWERS: He couldn't have 
been. Now, how you explain that and the test 
shows that that bullet was going down, there 
is only one explanation for it, and two or 



three different people have said this 




happened. Jones said something to him about 
getting his overcoat or a coat, and he bent 
over the counter — this is the only 
explanation I can come up with. He bent over 
the rail. That's when he got shot on the 
balcony. 

DEXTER KING: Erom down in the 

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bushes? 

EOYD JOWERS: Yeah. 

ANDREW YOUNG: Your place was on 
a hill, though. 

EOYD JOWERS: Yeah. 

ANDREW YOUNG: So the bushes and 
the room were about the same level? 

EOYD JOWERS: They were about 
the same level. You see, if you shoot a 
rifle — 

ANDREW YOUNG: He was sort of 
like that, leaning over talking. 



EOYD JOWERS: He was leaning 




over trying to hear what Jones was talking 
about. That has to be the only explanation. 

It went in long about here. 

ANDREW YOUNG: It hit the tip 
of his chin. 

LOYD JOWERS: Oh, it did? It 
did hit his chin? Okay. 

ANDREW YOUNG: And then - 
LOYD JOWERS: So he had to be 
leaning over that railing. Now, if he in 
fact was shot from there, from that backyard, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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then that's where it had to be. I would say 
it would be a pretty good angle from up in 
that rooming house. Whether that is the way 
it happened, I don't know. That's the only 
explanation I have for it. 

LEWIS GARRISON: Was the door to 
the basement open that afternoon? 

LOYD JOWERS: I never locked 



it. There wasn't nothing down there. I 




figured there was no reason to lock it. 

There sure wasn't. 

DEXTER KING: Do you know 
whether Clark or anybody went down there 
after the shooting? 

EOYD TOWERS: I have no idea. 

DEXTER KING: Do you think 

Clark put on a uniform or had a uniform after 

the shooting? 

EOYD TOWERS: I have no idea. 

DEXTER KING: But if he had on 
a white shirt, would it have been easy for 
him to change into other clothes? 

EOYD TOWERS: He could change 
shirts in a matter of seconds if you didn't 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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617 

have it already buttoned up. Sure you 
could. He could have changed that when he 
got in the car. 

DEXTER KING: So you never saw 



him anymore after that? 




LOYD JOWERS: No. 



DEXTER KING: Who was in the 
brush area at the time of the shooting? 

EOYD JOWERS: I have no idea. 

DEXTER KING: So you took the 
rifle and just went inside? 

EOYD JOWERS: I was already 
inside. He handed me the rifle through the 
back door. 

DEXTER KING: He just came into 
the back door or to the back door? 

EOYD JOWERS: He was about from 
here to Junior there. He didn't have to hand 
me the rifle. He threw it to me. He threw 
it to me like you would do a soldier. Of 
course, I caught it. It had just been 
fired. I heard it when it went off. I done 
what Erank told me to, I broke it down and 
put it under the counter and went on and 

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waited on my customers. 




DEXTER KING: Did you see 

anybody driving the Mustang that afternoon, a 

white Mustang? 

EOYD JOWERS: I did not. I know 

there was one parked in my parking place when 

I got to work at four o'clock. I pulled 

right up behind him like that. 

DEXTER KING: That was on South 
Main? 

EOYD JOWERS: On South Main. I 
did notice it had out-of-state tags, but I 
don't know what state it was. I knew it 
wasn't local. I figured it was shoppers over 
across the street over there shopping. 

That's what I figured. I got as far away 
from that sparkplug (sic) as I could and got 
on out and went to work. 

DEXTER KING: In your opinion, 
and I know it is just an opinion, do you 
think Earl Clark was the trigger man? 

EOYD JOWERS: Now, you know, I 
have an opinion of that. Now, my personal 



opinion, I think he was. I sure do. 




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DEXTER KING: Why do you - 
aside from him throwing you a rifle, was 
there any conversation you all had beforehand 
or any talk you had heard about did he have a 
reason to or was it just money? Why would he 
have done it? What was his motive, I guess? 
LOYD JOWERS: I would think 
probably for money. That's what I would 
think. That's what I believed at the time. 
ANDREW YOUNG: Somebody - was 
there any evidence that he lived a little 
better after the shooting? 

LOYD JOWERS: I really don't 
know, Mr. Young. 

ANDREW YOUNG: You didn't see 
him anymore? 

LOYD JOWERS: If I ever seen 

that man any more up until — he is dead, 

isn't he? 



LEWIS GARRISON: I think he has 




died. 



LOYD TOWERS: I don't remember. 

I don't think I ever seen him anymore. 

LEWIS GARRISON: Even though you 

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620 

had been a close friend and had been hunting 
companions? 

LOYD TOWERS: Oh, yeah, we had 
been friends for years. 

DEXTER KING: What about do you 
recall which police officers interviewed you 
after the shooting? 

LOYD TOWERS: I have no idea. 

They really didn't do any interviewing that 
night. They took down a name and address and 
telephone number and told us to go home when 
they got all the information, name, address 
and telephone number. That's all I give them 
that night. 

DEXTER KING: Who conducted the 



crime scene I guess interrogation? Was it 




FBI or the Memphis police? 

LOYD JOWERS: I have no idea. 

DEXTER KING: What about the 
people, Barger — is it Barger or Barjer? 

EOYD JOWERS: Barger, 

BARGER. 

DEXTER KING: Zachery, 

McCullough, Clark, Eiberto, did you see any 

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of those people after the killing? 

EOYD JOWERS: You mean that 
night? 

DEXTER KING: Right. 

EOYD JOWERS: Or the next day? 

No, sir. 

DEXTER KING: Or even the next 
day. I know you talked to Eiberto. 

EOYD JOWERS: I talked to 
Eiberto. I didn't see him. I didn't see 
none of them the next day. I sure didn't. 



DEXTER KING: How many times 




did you meet McCullough? 

LOYD TOWERS: As far as actually 
meeting him, like you telling me his your 
name is McCullough and me telling him my 
name, I don't think I ever did. I did know 
him. I knew him when I seen him and still 
would, I think, even though it has been 
thirty years. 

DEXTER KING: How deep do you 
think he was involved in the killing? 

EOYD TOWERS: I don't really - 
really and truly? I think he was just 

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following orders. That's exactly what I 
think. I always believed that. I believed 
he was just doing what he was supposed to be 
doing. 

DEXTER KING: How many planning 
sessions did you see him attend? 

EOYD TOWERS: How many what? 



DEXTER KING: How many planning 




sessions did you see him attend? 

LOYD JOWERS: Just that one time 
when he come in the grill. I had no idea 
what they were talking about. I got a word 
here or there. I knew it was illegal, 
whatever it was. It wasn't unusual. 

DEXTER KING: And Barger 
brought him in? 

EOYD JOWERS: I didn't say - 
DEXTER KING: Did he work for 
Barger? 

EOYD JOWERS: See, Barger was a 
field inspector. 

DEXTER KING: What does that 
mean? He was over the uniformed division? 

EOYD JOWERS: He was over a 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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623 

section of the uniformed. They had four 
field inspectors. I don't know how many 
policemen worked on each section. If I had 
to guess. I'd say about a hundred, maybe a 




hundred twenty-five. 

Of course, they had the city split 
up. Each one of them had — I believe they 
call them assistant chiefs now, but they were 
field inspectors back then. 

DEXTER KING: How much money 
was Clark paid? 

EOYD JOWERS: I have no idea. I 
don't have the slightest idea. 

DEXTER KING: What do you - who 
do you think paid him, then? 

EOYD JOWERS: The man who said 

his name was Raul. He is the one I gave the 

money to. He had to be the one who paid him. 

DEXTER KING: Do you think that 
Raul approached Clark about being the 
trigger man? 

EOYD JOWERS: I don't know. I 
wouldn't doubt it, but I don't know. 

DEXTER KING: Do you know of 

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624 




any other Memphis police officers that would 
have received money for the operation? 
LOYD JOWERS: No, I do not. I 
don't know that Clark got any money out of 
it. I just know I believe he did. But as 
far as I seen him getting any, he may have 
done it for the fun of it. I don't know. 

You never know about people. 

DEXTER KING: Did you ever hear 
anything about this hoax radio broadcast, you 
know, that this broadcast was put out over 
the police radio that the suspect was 
traveling in one direction? 

EOYD JOWERS: Oh, yeah, I heard 
about that. He was supposed to have been out 
in Raleigh or somewhere like that, a white 
Mustang, the police were supposed to have 
been behind him, and James Earl Ray said he 
was going the other direction going down 65. 
DEXTER KING: Going north? 

Going north or south. 

EEWIS GARRISON: South. 



DEXTER KING: South, rather. 




But the radio said he was going north? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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625 

LOYD JOWERS: Going north, yeah. 

DEXTER KING: Now, it has been 
said the only people who would have had the 
technology to break into police radio 
frequency would have been the military. 

LOYD JOWERS: They are wrong 
about that. I had a scanner that picked 
up — I think they had four channels. I had 
a scanner that picked up all four of those 
channels. 

DEXTER KING: No, no, not pick 
up but to actually break in and broadcast. 

LOYD JOWERS: Oh, yeah, to 

break in and talk on it, that would be the 

military. 

DEXTER KING: In fact, that 

came out in the House Select when they did 

their investigation. 



LOYD JOWERS: I misunderstood 




you. 



DEXTER KING: Sure. 

EOYD JOWERS: I thought you 
said - 

DEXTER KING: To listen. You 

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626 

can monitor. But to actually break in and 
broadcast. 

EOYD JOWERS: Yeah. 

DEXTER KING: What about the 
taxi driver that picked up the passenger at 
the time of the killing and said they saw a 
man who came down over the wall and get into 
a Memphis police car up on I think Ruling? 

Is it Ruling Street? 

EOYD JOWERS: Ruling, yeah. 

DEXTER KING: And the driver 
was killed that night. 

EEWIS GARRISON: I don't think 

he knows anything about that. What happened 



with that was after this Prime Time telecast, 




there was a gentleman that called me and gave 
his name to Dr. Pepper, like he states in his 
book. 

The statement he made was that he 
was a cab driver that night and that a friend 
of his was also a cab driver and that this 
friend was over at the Lorraine Motel and 
radioed him and said I just saw — well, he 
said he was unloading some luggage and that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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627 

he was looking up and recognized Dr. King, 
and he said — he radioed to his friend that 
"I just saw Dr. King was shot." 

He said he called his dispatcher, 
and he told him to go ahead and get out of 
the area. So the gentleman called me who is 
still living in Memphis and said that he told 
his friend to meet him out at the airport at 
a place they frequent out there. 

He said two officers came out 



there. He heard his friend give the police 




officer an account of what he had saw. He 



had seen just what you said, someone who ran 
and got in a police car. 

Then he'll tell you this today — he 
has talked to several people. But at any 
rate, he said the police officer said, okay, 
come down in the morning to the station and 
give us a full statement. So the next 
morning they found the man's body across the 
bridge on the Arkansas side and they said he 
had been thrown out of a car. 

LOYD JOWERS: I remember that 
cab driver getting killed. I didn't know 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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628 

about all that. 

LEWIS GARRISON: But there is no 
account of it. You can't find a thing about 
this. But this man will tell you that 
today. I gave his name to Dr. Pepper. 

ANDREW YOUNG: Do you remember 



his name? 




LEWIS GARRISON: No, sir, I 



don't have it here with me right now. 

DEXTER KING: This is actually 
in Pepper's book, the name of the fellow? 

EEWIS GARRISON: Yes. He gave 
Dr. Pepper his name. 

EOYD JOWERS: I didn't know 
anything about it. 

EEWIS GARRISON: I've had 

someone interview him before Dr. Pepper did. 

That's exactly what happened. Eouis Ward, I 
believe it is something like that. 

DEXTER KING: You believe they 
just got rid of the file? 

EEWIS GARRISON: I think there 
is no question. After we began to dig into 
it, we could find no record where the man was 

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629 

even killed. I believe his name is 

Mr. Ward. He will tell you today that's what 



happened. 




He said he heard the man at the 



airport tell the two police officers that he 
had seen Dr. King — he was unloading 
luggage, looked up and saw Dr. King over the 
railing, and he said he saw him — it looked 
to him like it blowed his whole face off. He 
looked around immediately and saw a man 
running and get into a police car. 

Then he radioed his dispatcher. Of 
course, he said they were close friends. 

This man said he was out in East Memphis. He 
said, well, let's meet at the airport and 
we'll talk about it. He said two police 
officers came out there and interviewed the 
man. 

He said, I heard him give the 
statement, tell the police exactly what he 
had seen. They said to come in in the 
morning and give a full statement at the 
police station. But then he was found dead 
on the Arkansas side. The story was someone 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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630 



threw him out of a car. 

But we can't find even a trace of 
it. In fact, the cab company claims they 
can't find a company record that he even 
worked there. We went so far to check with 
the cab company. They couldn't find 
anything. They won't admit it. 

DEXTER KING: What did you hear 
was learned about any prior knowledge about 
the killing or involvement of anybody with a 
public or private person in Memphis or 
elsewhere or any state officials or federal 
officials? 

EOYD JOWERS: Any knowledge I 
had prior to the assassination? 

DEXTER KING: Uh-huh. Or even 
after. 

EOYD JOWERS: I heard everything 
in the world I guess after. But I didn't put 
much stock in it. Most of it was just beer 
talk, you know. 



DEXTER KING: Anything before? 




LOYD JOWERS: Never heard a 



thing before. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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DEXTER KING: You mentioned 
Solomon Jones. But you heard that after. 

That is beer talk, is that what you mean when 
you you said beer talk, the thing you said 
about Solomon Jones? 

LOYD JOWERS: Oh, yeah, I heard 
that afterwards, that he was talking to Dr. 

King up on the balcony. If he in fact was 
shot from my backyard. Dr. King would had to 
have been leaning over that balcony. He 
would have had to have been. Otherwise that 
bullet could have gone up. I mean, it was 
that or it would have gone level. 

ANDREW YOUNG: It could have 
gone either way. It really — you can't tell 
which way it went because it was such a clean 
wound that — 



LOYD JOWERS: Didn't it hit a 




bone in his — 



ANDREW YOUNG: A bone in his 
spinal cord. I don't think it hit anything 
in his shoulder. 

LOYD JOWERS: I thought it hit 
his collar bone. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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632 

LEWIS GARRISON: I don't think 
so. 

ANDREW YOUNG: The collar bone 
is up here. 

LOYD JOWERS: That's what I'm 
talking about. It was like from here to here 
just blown away. 

LOYD JOWERS: Yeah. 

DEXTER KING: Now, Mr. lowers, 
when we met the last time, it was clear that 
we felt we needed to meet again to really 
get- 

LOYD JOWERS: Oh, yeah. 



DEXTER KING: - get more 




detail. I'm trying to remember, and I'm 
going off the top of my head, what you had 
stated today that you haven't already stated, 
and I can't really seem to pinpoint anything 
much different than what you already said 
then. 

I wanted to just ask for your - if 
you could help me here, because I'm trying to 
recall was there something that I missed the 
last time that you stated today that you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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633 

didn't state before. 

LOYD JOWERS: The only 

difference is that I'm almost positive it was 

Clark in my back door, and I'm not sure about 

the rifle. But I'll tell you what I 

thought. I thought it was a 30-30. It could 

have been a 30-06, as well as it could have 

been a 30-30. 

Now, when the shot went off, it 
sounded like a 30-30, because they are a lot 




louder than a 30-06 when they are fired. 

That is two things. The other — I told you 
something else that I didn't tell you 
before. I don't know what it was. It is on 
that tape, of course. 

DEXTER KING: Well, is there 
anything you want to tell me that I haven't 
asked that you think might be helpful? 

EOYD TOWERS: I can't think of a 
thing, Dexter. Now, I've told you up to now 
everything I know about it. 

DEXTER KING: What have you - 

or from your opinion or what you have heard, 

rumors included, at what level of government 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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634 

or involvement do you think this 
assassination was carried out by plan? 

EOYD TOWERS: What you want to 
know is where the order come from? 

DEXTER KING: Right. 



EOYD TOWERS: It is my opinion 




and my belief that the order eome from J. 

Edgar Hoover. Now, that's where the order 
eome from. 

How to prove that, there is no way. 

I eould just easily said the President, but I 
know better than that, beeause I don't 
believe the president would have done that. 

But now J. Edgar Hoover hated your dad. 

DEXTER KING: How eould - if 
military were involved, wouldn't the 
Commander in Chief by just from you being in 
the serviee and knowing — 

EOYD JOWERS: Well now, wait a 
minute now. The CIA or EBI are not 
military. No. 

DEXTER KING: No, I'm 
saying - 

EOYD JOWERS: You mean if the 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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military was involved? 



DEXTER KING: Right. 




LOYD JOWERS: Yeah. Not only 
that, but there would be a record of it. 
DEXTER KING: And wouldn't the 
Commander in Chief have to give the order if 
they were involved in something like that? 
EOYD JOWERS: Some word between 
the guy that was doing the assassination and 
the President, somebody in between there 
would give the order. But first it would 
have to come from the head honcho. 
ANDREW YOUNG: Hoover had a man 
who was his number two man who was almost 
staying in the White House, Eee DeEoach. He 
was the one that was keeping — that was sort 
of telling Eyndon Johnson what they wanted 
him to know. 

EOYD JOWERS: Yeah. 

DEXTER KING: Eet me also ask 
you is there anyone that you know of that can 
present scientific evidence about this case, 
anything that occurred that you know of, 
somebody who is still living that would 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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636 

have — that would be able to say not only 
did I see this, here is evidence, a rifle or, 
you know, anything concrete? 

LOYD JOWERS: To my knowledge, I 
don't know of anyone that has scientific 
evidence of which rifle did actually kill 
him. I definitely don't believe it was the 
one the police found. I'll never believe 
that in a million years. 

ANDREW YOUNG: Where did they 
find that? 

EOYD JOWERS: Right in front 

of — see, this was the street here and the 

sidewalk. My building was right here. 

You've got the rooming house, two doors here, 
two rooming house doors, then you've got an 
amusement company over here. His front door 
sits back I guess it must be ten feet. 

That's where the rifle was found. 

DEXTER KING: So it is your 
feeling that James Earl Ray did not — 




LOYD JOWERS: No. He didn't no 



more kill him than you killed your own dad. 

No. No. Nope. I'd never believe that in a 

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637 

million — even if he told me I wouldn't 
believe it. 

DEXTER KING: So why was he set 
up? 

LOYD JOWERS: His own fault. 

They got him out of jail. They furnished him 
money. They furnished him passports. Now, 
they come up with that tale about him setting 
up a gun deal, but that wasn't true. They 
may have told him that, you know. 

But now he stalked your father 
halfway across the United States, went to 
Atlanta, had all that written down. Now, he 
was doing that for the CIA and the Mafia. 

That's exactly why he was doing that. 

DEXTER KING: What if they told 
him to go to these places so they could 




establish a paper trail with established 
documentation? If they were in fact using 
him as a set-up person, wouldn't they want 
him to appear that he was stalking him? 

LOYD TOWERS: Why, certainly 
they would. Sure they would. 

DEXTER KING: So is it possible 

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638 

that he was doing things that appeared to be 
stalking but maybe he didn't realize it? 

EOYD TOWERS: He probably didn't 
even realize it, yeah. Yeah. I'm sure 
that's the way it went down. I'm sure. 

Because if he wasn't going to — if he had no 
intention of hurting Dr. King, which I don't 
believe he did, why would he want to be 
stalking him? 

He was doing what he was told to 
do. That was to make it look like that he 
was stalking Dr. King, whether he was or 



not. 




DEXTER KING: Well, I think I 



have asked - 

ANDREW YOUNG: Do you mind me 
taking a picture of this? 

EOYD JOWERS: No, no. We'll 
make you a tape of that, if you want to. 

Help yourself. Go right ahead. 

ANDREW YOUNG: Why don't you 
lean toward - 

EOYD JOWERS: Can you see all of 
us? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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639 

ANDREW YOUNG: Yeah, I can. 

EOYD JOWERS: Do you want me 

to — do you want to take some pictures for 

your family? 

DEXTER KING: Sure. 

EOYD JOWERS: Do you want me to 
smile or not? Okay, I was just kidding. 

DEXTER KING: Do you want me to 



snap you? 




LOYD JOWERS: Well, Dexter, I 



wish I knew exactly who done the killing, but 
I don't. If I did, believe me. I'd say it. 

But I do know this for sure: It was a 
for-sure conspiracy. 

LEWIS GARRISON: Well, 

Mr. lowers, isn't it true that Mr. Young and 
Mr. King — 

LOYD JOWERS: Lewis, I can't 
hear you. 

LEWIS GARRISON: Isn't it really 
true that Mr. — that lieutenant Clark did 
it? You know that, don't you? 

LOYD JOWERS: I'm almost 
positive. But as far as seeing his face, I 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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640 

did not. 

LEWIS GARRISON: But he had on 

the clothes and all that you had seen him in 

earlier? 



LOYD JOWERS: Yeah, I had seen 




him in the same clothes. But as far as me 



seeing his face, I did not. Now, I saw the 
back of his head. 

ANDREW YOUNG: The people who 
were involved in this as far as you know that 
are still alive would be - 
LEWIS GARRISON: Lieutenant 
Zachery. 

LOYD JOWERS: Zachery is still 
alive. 

LEWIS GARRISON: McCullough. 

McCullough is still alive. 

LOYD JOWERS: McCullough. 

LEWIS GARRISON: Who else? Of 
course, Mr. lowers. Ms. Spates in front of 
Mr. lowers — he knows because he was 
there — she says what he saw. 

LOYD JOWERS: That was a big old 
lie. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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641 



LEWIS GARRISON: You know she 




described it in lengthy statements under oath 
that she saw this. 

LOYD JOWERS: Oh, yeah, sure. 

LEWIS GARRISON: You heard that 
under oath, heard her say that? 

LOYD JOWERS: Sure, I was right 
there. 

LEWIS GARRISON: She had given 
the deposition. She gave affidavit after 
affidavit and described what she saw. You 
know, that don't you? 

LOYD JOWERS: Yeah. 

DEXTER KING: That's what I 

don't understand. How would she — why would 

she go to that extent? 

LOYD JOWERS: To get at me. 

DEXTER KING: What? 

LOYD JOWERS: That's why. No 
other reason. She is really and truly — she 
is serious about that, too. There is not a 
dad-gum word of it that is true, but she 
believes it, and there is nobody that can 
change her mind, that I actually done the 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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shooting. 

DEXTER KING: Oh, she thinks 
you did the shooting? 

LOYD JOWERS: Damn right she 
said it. I don't know if she said it in the 
deposition or not, but she told me that. 

DEXTER KING: Now, how many 
times did you see Clark that day in your 
grill? 

LOYD JOWERS: One time. 

DEXTER KING: That was in the 
morning? 

LOYD JOWERS: That don't mean he 
wasn't in there more than that. See, I left 
about ten, somewhere around ten. 

DEXTER KING: You said 

Ms. Spates used to be your girlfriend? 

LOYD JOWERS: Yes, sir. 

ANDREW YOUNG: Hell hath no 



fury like a woman scorned. 




LOYD JOWERS: And, buddy, she 
got one hell of a temper, too. 

LEWIS GARRISON: She has two 
children and says he is the father. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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LOYD JOWERS: I offered to go 
with her to take a blood test. Then we'll 
find out if I am or not. She backed out. 

Right on up to the time to go, then she 
backed out. She knew damn well I wasn't the 
father of those children. If I had been, I 
would have been supporting them. 

LEWIS GARRISON: Mr. lowers, 

under oath, though, you said you were engaged 

in a sexual relationship with her? 

LOYD JOWERS: Well, hell, yeah, 
for some period of time. 

LEWIS GARRISON: That went on 
for a year or two? 

LOYD JOWERS: It was longer than 



that, more like five years. 




LEWIS GARRISON: I several 



years? 

LOYD JOWERS: Like I say about 
the President, a man is allowed to do any 
damn thing, you know, especially a lounge 
man. 

LEWIS GARRISON: Why don't you 
step outside a moment and let me talk to 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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them. 

LOYD JOWERS: Okay. 

ANDREW YOUNG: We really 
appreciate your seeing us, your coming 
forward. 

LOYD JOWERS: I hate I'm not any 
more help now. If there is anything I can 
do, you can believe I'll do it. 

DEXTER KING: You said if you 
thought it would help, you would come 
forward — 



LOYD JOWERS: Yeah. 




DEXTER KING: - to the media? 

Don't you think it would eause people to 
start — 

EOYD JOWERS: I think it would 
get me put in jail. I think it would get me 
indicted. That's exactly what I think. I 
could be wrong, but I don't think so. 

DEXTER KING: Okay. 

ANDREW YOUNG: Thank you very 
much. 

EOYD JOWERS: See you later. 

ANDREW YOUNG: Okay." 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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645 

(This is the end of the tape 
proceedings played in the court room.) 

THE COURT: All right, ladies 

and gentlemen. This is a good time for us to 

break for lunch. 

(Jury out.) 

(Eunch recess.) 



THE COURT: All right. Bring 




the jury out, please, sir. 

(Jury in). 

THE COURT: All right, Mr. 

Pepper. You may proceed. 

MR. PEPPER: Your Honor, 
plaintiffs call His Honor Judge Arthur 
Haynes. 

ARTHUR J. HAYNES, JR. 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon. Judge Haynes. 

A. Good afternoon, sir. 

Q. Thank you very much for joining us 
here this afternoon: Would you state for the 

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record, your full name and address. 

A. Arthur Jackson Haynes, Jr., 3533 
Spring Valley Terrace, Birmingham, Alabama. 

Q. And what is your present occupation? 




A. I'm a circuit judge, Tenth Judicial 
Circuit, Birmingham, Alabama. 

Q. How long have you been a circuit 
court judge? 

A. Fifteen years. 

Q. And before you were a circuit court 
judge, what did you do? 

A. I was a lawyer, a courtroom lawyer. 

Q. You were a trial lawyer? 

A. Yes, sir. 

Q. Was there a time in 1968 that you 
were asked to become involved in the case of 
the assassination of Martin Luther King, Jr.? 

A. I was. 

Q. And what was the position that you 
undertook at that time? 

A. Well, simple arithmetic will tell you 
I was a very young lawyer at the time. James 
Earl Ray contacted my father, who was also a 
trial lawyer. We had had some success in 

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defending highly-publicized difficult, 
unpopular cases. 

When James Earl Ray was arrested in 
London and contacted us, asked us to 
undertake his representation. Actually, we 
were contacted by R. J. Sneyed, which was the 
name he was traveling under on a Canadian 
passport. We went to London. 

Q. You and your father then became 
defense lawyers for James Earl Ray? 

A. Yes, sir. 

Q. You were his first defense lawyers. 

Is that right? 

A. Yes, sir. 

Q. And did you undertake the trial 
preparation of that case? 

A. Absolutely. 

Q. And were you ready to go to trial? 

A. Yes, sir. Absolutely. He changed 
lawyers the night before I was going to give 
the opening statement in the case. 

Q. You were prepared to go to trial 
right up to the night before the trial date 




and then what happened? 

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A. I left James Earl Ray on Eriday. I 
spent all day with him here in Memphis on 
Eriday getting ready for trial. I returned 
to Birmingham late Eriday evening and came 
back on Sunday night. I had to get new 
suits, do some final things to get ready for 
trial. When we arrived, we were handed a 
note saying that when changed lawyers. 

Q. Were you able to eventually learn 

what happened and why he made that change of 

counsel at the midnight hour? 

A. I never did know for sure, Mr. 

Pepper. That remains a mystery to me. I 
know that he contacted us approximately one 
week later and said, gentlemen, I made the 
biggest mistake I ever made, would you please 
come back to try this case for me, all this 
new fellow wanted me to do is plead guilty. 



Q. It was too late by then? 




A. Yes, sir. The case was so bolloxed 



up that we just weren't willing to get back 
involved in it. 

Q. Judge Haynes, since you took that 
case up to the eve of trial and diligently 

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prepared the trial, you were very familiar 
with the evidence that the State had? 

A. Yes, sir. 

Q. We're going to talk about a 
particular aspect of that evidence here this 
afternoon, but in general what is your view, 
what can you tell us now in terms of how you 
saw the case? 

A. In 1968 on the eve of trial the State 
was absolutely confined to a theory of one 
man: James Earl Ray, acting alone, killed 
Dr. King. Our view of it was that the 
evidence and testimony was inescapable that 
that was an impossible result both factually 
and it was an impossible result at the 




trial. We were absolutely confident that the 
case would be won. 

Q. Were you and your father not in fact 
asked to take a plea bargain to James Earl 
Ray offered by the State early on because 
they didn't want to try this case? 

A. I don't know what they wanted to do, 
but, yes, we had a plea bargain offered 
earlier and took it to James Earl Ray. 

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Q. What were were the terms of that plea 
bargain, do you recall? 

A. I've forgot exactly what they were, 

Mr. Pepper. Whatever the plea was, the plea 
we were offered allowed for parole in ten 
years. I believe he took a ninety-nine year 
sentence, which at that time made him 
eligible for parole in thirty-three years. 

And we were offered a sentence that allowed 
for parole in ten years. Of course, parole 
wasn't a likelihood in that case, anyway. 




The offer was better than the one we had, at 



least theoretically. 

Q. What was James Earl Ray's response to 
that offer? 

A. It was preposterous. Neither he nor 
we were going to consider a plea of guilty in 
a case that should have been won. Obviously 
we would have considered a reasonable plea, 
but I think the circumstances were such that 
a lesser plea simply was not something that 
the prosecutors were putting forward. 

Q. Okay. Moving on, you and your father 
and your team of investigators obviously 

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interviewed a good number of witnesses. 

A. Yes, sir. 

Q. Did you do some of this interviewing 
yourself personally? 

A. Yes, I did. 

Q. And did you at one time or another 
interview a man called Canipe, who owned a 




store on South Main Street? 



A. Sure. Canipe Amusement Company, yes, 
sir. We interviewed Mr. Canipe. 

Q. So that we can set the location of 
that. Judge, if I can bring you back to an 
area which I'm sure you haven't thought about 
in many years, but — 

A. I recognize it vividly. 

Q. This, you see, is a depiction of the 
rooming house — 

A. Yes, sir. 

Q. — which it had two wings? 

A. Right. 

Q. And underneath one wing do you see 
roughly where Canipe's store would have been? 

A. Put your pointer right back where it 
was. I believe there was a doorway to the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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rooming house there and then to the right 
there was an angle doorway. If you would cut 
off that corner roughly there was an angled 




entranceway to the Canipe Amusement Company. 

It would be in the lower right-hand portion 
of that building where you are pointing, 
right about where your pointer is. 

Q. That's where Canipe's Amusement 
Parlor was located? 

A. Yes. 

Q. Now let's put up a couple of 
photographs. Does that look familiar? 

A. Yes, sir. 

Q. This is the amusement company you are 
speaking about? 

A. Right. That's the angled 
entranceway. 

Q. That's the angled entrance here? 

A. Yes. 

Q. This is the entrance — one of the 
entrances to the rooming house. 

A. Yes, sir. 

Q. The other entrance is right over here 
between the two wings of the rooming house. 

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653 



Q. There was a - on the second floor — 

I never went out that entrance, but there was 
a crosswalk used by anyone that went in that 
entrance there. There was another entrance 
there or around the back, one, I forget 
which. 

Q. Right. Now, what was the State's 
contention with respect to evidence that was 
found in this area? 

A. The State's theory was there was a 
Browning box, a Browning rifle box, that 
contained some items of clothing, a radio 
that had James Earl Ray's Missouri state 
penitentiary number on it and a Remmington 
760 rifle that James Earl Ray had bought in 
Birmingham. That box was — I believe the 
rifle itself was wrapped in clothing. I'm 
not totally sure of that. The box itself was 
wrapped and tied in some fashion. 

The State's theory was that James 

Earl Ray had fired the shot that killed Dr. 

King, had run across the entranceway there in 




that slant between the two buildings. 

Adjoining these two buildings was sort of a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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rickety metal connecting-way. The State's 
theory this was James Earl Ray had fired the 
shot from the bathroom on that second floor, 
come down that hallway into his room and 
carefully packed that box, tied it up, then 
had proceeded across the walkway the length 
of the building to the back where that stair 
from that door came up, had come down the 
stairs out the door, placed the Browning box 
containing the rifle and the radio there in 
the Canipe entryway. 

That was the State's theory. It was 
the only theory that they could have with 
James Earl Ray acting alone in order to prove 
their theory. 

Q. Then he proceeded to get into a 
Mustang and drive away? 



A. That's right. 




Q. The Mustang was supposedly parked 
somewhere around here. 

Would you put on the second 
photograph. Now, that's a closer view of the 
angled doorway. Where did they say this 
evidence box was — 

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A. I've never seen that picture, 

Mr. Pepper. I believe the evidence box was 
to the right sort of up against that brick 
wall to the right, I believe. 

Q. Right here? 

A. Yes. 

Q. We're talking about thirty-one, 
thirty-two years ago. I believe that's where 
it was. Mr. Canipe, who owned that amusement 
company, was on the scene at the time of the 
killing. Is that right? 

A. That's what they told me, yes, sir. 

Q. Did you have an opportunity to 



interview him? 




A. Yes. 



Q. How long after the actual event do 
you recall that you interviewed him? 

A. How long after the event was it when 
we interviewed him? 

Q. Yes. 

A. Dr. King was killed April the 4th. 

James Earl Ray was arrested in June. He 
contacted us immediately. We started 
investigating it immediately, even before we 

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went to London. I would say it was in the 
August range, July, August of 1968. 

Q. The summer of 1968? 

A. I'd say so, yes, sir. 

Q. That was at a time when the events 
would have been fresh in the mind of Mr. 

Canipe? 

A. Of course, I don't know what was — 
here I am being a judge. I'm sustaining the 
objection. I don't know what was in his 




mind, but it should have been fresh. It was 



immediate. 

Q. When you spoke with him, did he 
appear to be aware of — 

A. Absolutely, sure. He remembered it 
very vividly. In fact, we turned over that 
entire area, as you can, imagine looking for 
not only witnesses but also to exclude people 
who later may or may not have knowledge about 
it. 

He was one of the more reliable 

people truthfully that we found down there. 

Those in Dr. King's party, they were not 
aware of what was happening, as they were on 

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the other side of the street. 

Q. What did he tell you — precisely 
what did he tell you about what he recalled 
about the dropping of that evidence? 

A. He said that the package was dropped 
in his doorway by a man who dropped it in his 




doorway and headed down South Main Street, 
headed south down Main Street on foot, and 
that this happened at about ten minutes 
before the shot was fired. He was tied up 
doing something but saw it happen and didn't 
go out to check what it was. 

Q. He told you that this bundle of 

evidence was dropped in his doorway about ten 

minutes before the shot was actually fired? 

A. Yes, sir. 

Q. What did you think of that? 

A. We thought it was terrific evidence. 

Furthermore, it was very credible, because 
right next to that was a fire station, and 
the fire station was packed with Memphis 
Tactical Squad detectives, firemen, curiosity 
seekers, people who were security for Dr. 

King and also surveilling him. The fire 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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station was packed with people looking out 



the back. 




Of course, when they saw Dr. King go 
down, the fire station erupted like a 
beehive, and they poured out down the 
driveway out the door coming looking both in 
the bushes, where most of them thought the 
shot was fired, and also on down on Main 
Street. 

So to us it is circumstantial. In 
addition to the time involved, it was 
circumstantially almost impossible to believe 
that somebody had been able to throw that 
down and leave right in the face of that 
erupting fire station. 

Not only was Mr. Canipe a credible 
witness, but what he said was very credible 
taking into account all the circumstances. 

We were very very impressed with his 
testimony. 

Q. Judge Haynes, at this point in the 
plaintiffs' case we're dealing with the 
rifle, the rifle in evidence. 

A. Yes, sir. 



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659 

Q. And the death slug. Was the rifle 

that was found in that box the weapon that 

the State contended was the murder weapon? 

A. It was. It was the only weapon 

found. 

Q. Were you familiar at that time with 
any ballistics testing of that weapon? 

A. Yes, sir, from the FBI lab. Of 
course, they took it to Washington and 
performed ballistics tests. 

Q. What were the results of that testing 
that was done at the time? 

A. I believe the phraseology used in the 
report was that the evidence slug, that is, 
the slug taken from Dr. King's body, and the 
rifle, that the evidence slug was consistent 
with the type of slug fired by that rifle. 

In essence, the best they could do was that 
Dr. King was killed by a 30-06 rifle and that 
this was a 30-06 rifle. 



Q. That's all they could say. Could 




they match the bullet, the death slug itself, 
to that rifle? 

A. We didn't think they had a chance in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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the world of matching it. As the EBI — if 
there is a match, if they can make a match 
out of a little piece of a slug the size of 
your little fingernail, if they did, the 
testimony would be that the evidence weapon 
to the exclusion of all other weapons in the 
world fired the evidence slug. No, sir, they 
could not do that. 

Q. But is there any doubt in your mind 
that if they could have matched that death 
slug they took from Dr. King's body to that 
rifle in evidence, that they would have done 
so? 

A. There is no doubt about that. They 
would have prized that testimony. That would 
be crucial testimony. Then you wouldn't have 
to rely on any of the vagaries of eyewitness 




testimony. Sure, that would be very 
important testimony. Well, we thought it was 
important. 

Q. Now, did there come a time in the 
course of your investigation when you 
actually yourself saw, held, examined 
personally the death slug? 

DANIEL, DILLINGER, DOMINSKI, RICHB 

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661 

A. Yes, sir. I held the slug that 
killed Dr. King in my hand. 

Q. Had you seen other death shrugs and 
other bullets at that point in your career? 

A. Yes, sir. 

Q. What was your view with respect to 
that particular slug that you examined at the 
time? 

A. To the naked eye, it was as good an 
evidence slug as you can have. It was a 
Remmington core lot bullet and it had a metal 
base to the slug. The metal base wasn't 
skewed. It was almost perfectly round. See 



WEATHEREORD 




could the lands and grooves, the marks on the 
slug with your naked eye. Visually it was an 
excellent evidence slug. 

Q. As you looked at it, did you think 
that it could be matched easily if it was in 
fact the death slug? 

A. It was a very small room I guess this 
courtroom, certainly the criminal courthouse, 
and when I saw that slug, I knew right then 
if the James Earl Ray fired that slug, we 
were going to see every expert that you can 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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662 

imagine in the whole world to put that slug 
with that rifle. It just didn't pan out that 
way. 

Q. Judge Haynes, as a result of your 
intensive trial preparation and analysis of 
the State's case right up to that November 
date, how did you believe that a sitting jury 
at that time analyzing that evidence and 
weighing that charge would have voted? 




A. Well, of course, all a trial lawyer 
can do is the best he can in assessing what a 
jury is going to do. I have considered in my 
thirty-five-year career a jury is the best 
lie detector there is. But we felt like the 
jury would, if it would follow the law and 
the evidence, that on the evidence available 
and the law in the case, there was virtually 
no chance that the State could prove beyond a 
reasonable doubt that James Earl Ray could 
have acted alone in firing the shot that 
killed Dr. King. 

MR. PEPPER: Nothing further. 

Thank you. 

CROSS-EXAMINATION 

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663 

BY MR. GARRISON: 

Q. Judge Haynes, I'm Eewis Garrisoin 
representing the Defendant Eoyd lowers. I'm 
going to ask you a few questions. 

During your interviews with Mr. Ray 




and the others you interviewed, did they ever 
mention anything going on in James Grill 
located here next to the rooming house? 

A. Yes, sir. James Earl Ray said at 
some point in the afternoon — he said he had 
an accomplice, an associate by the name of 
Raul. He said at some point in the 
afternoon that one or both of them had gone 
into Jim's Grill I think to have a beer. We 
interviewed everybody we could lay our hands 
on who was in Jim's Grill and could find no 
corroboration that they went in there. 

Q. Did you ever hear the name Loyd 
Jowers mentioned in the investigation? 

A. Yes, sir. 

Q. In what capacity was he mentioned? 

A. Renfro Hayes was an investigator who 
worked for us at the time. We had hired 
Renfro because, among other things, he knew 

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that area of town and a lot of people 




involved. 



Q. I knew Mr. Hayes well. 

A. Then you know what I'm talking 
about. Hayes knew Loyd lowers and at the 
time Loyd lowers was operating Jim's Grill. 
Hayes reported back to us that there was 
nobody in Jim's Grill that had testimony to 
offer that would in any way affect the case. 

We had so much ground to cover, we just 
excluded that. 

Q. Did you ever hear the name Frank 
Liberto mentioned by Mr. Ray or anyone during 
your investigation? 

A. I never heard the name Jowers or 
Liberto mentioned by Ray at all. The answer 
to that question is no. I think I heard the 
Liberto name — yes, before today I've heard 
the name Liberto. I know that Hayes 
mentioned it to me maybe in the I970's but 
not contemporaneous with this. 

Q. Did you make some effort to locate 
this person called Raul? 



A. Yes. To some extent. To some 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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665 

extent. Bear in mind the question we had on 
the table was defending a murder case, not 
proving who killed Dr. King. Therefore, our 
focus was different than the search for 
Raul. But if you want me to go forward to 
the extent that we were interested in him — 

Q. Yes. 

A. — there was some information about 
New Orleans. We thought it was very — there 
was something about it that triggered us as 
being very important. In fact, Ray told us 
the reason the rifle was in Memphis was that 
it was part of an operation to bring guns 
from Mississippi down to New Orleans to Cuban 
revolutionaries. 

We wanted to go to New Orleans. We 
thought it was very, very strange that James 
Earl Ray refused to allow us to go to New 
Orleans. He instructed us that no matter 



what happens, to do nothing to investigate 




that connection. 



To that extent, yeah, we were trying 
to trace down — if nothing else, to — a 
criminal case, as a criminal lawyer, you try 

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to make your case on the evidence. You just 
cannot rely on what the client tells you. To 
some extent we were trying to corroborate 
what he had told us, but he wouldn't let us 
go. 

Q. Judge, did Mr. Ray ever tell you that 
he — let me ask you, first of all, did you 
really think there was such a person name 
Raul? 

A. It was inescapable to us that there 
weren't conspirators. 

Q. I spent two days taking his testimony 
in prison. He never could tell me at any 
time that anyone ever saw him with this 
person named Raul. 



A. Mr. Garrison, we looked and looked 




just for that, something that would 
corroborate that, to no avail. In fact, 
that's why we were interested in the Jim's 
Grill people, because that was 
contemporaneous. We were looking for 
anything, anybody that saw a stranger there 
who knew Ray or, ideally, Ray with a 
stranger. But nobody there at that time 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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667 

would say anything about that. 

Q. Did you ever learn at any time that 
there was a witness who saw someone in the 
brush area? Did anyone ever tell you that, 
that they actually saw some person that in 
that brush area? 

A. If I may reflect on the question you 
are asking. The only person that we talked 
to who we believe ever knew who fired the 
shot was a man in the rooming house. I'll 
tell you about him in a minute if you are 



interested. 




As far as the brushy area is 

concerned, there were some associates of Dr. 

King who were on the hotel side of the street 
who said that they thought the shot came from 
there. But that was all regarding that 
issue. 

MR. GARRISON: Thank you, Judge 
Haynes. Nothing further. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Judge Haynes, I know you said you did 
an extensive investigation of potential 

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668 

witnesses. Were there any Memphis Police or 
Eire Department witnesses the State shared 
with you? 

A. I know we received none as far as the 
police or fire department. 

Q. But you uncovered some of these 
witnesses yourself? 



A. Sure, yes, sir. 




Q. Are you familiar with the contention 
of the prosecution at that time that the 
bullet has fired from the bathroom window of 
the rooming house? 

A. Yes. 

Q. And that it was fired from the 
bathroom window, having been rested on a 
window sill? 

A. I think so. 

Q. And that the prosecution claimed that 
a dent in that window sill was made by the 
rifle itself? 

A. I've heard that. I just cannot 
believe that they would have actually tried 
to prove that in court, though. That's 
beyond belief. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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669 

Q. Well, would it surprise you to learn 
that in fact at the guilty plea hearing on 
March 10th, 1969, this contention was put 
forth as a matter of certainty that it could 




be proven that the dent was caused by the 
rifle? 

A. I would be shocked if a lawyer said 
they could prove that with certainty based 
upon what I know of the layout. 

Q. Did they turn over to you at any 
point in your investigation FBI reports with 
respect to laboratory analysis of evidence? 

A. No, sir. Of the window sill? 

Q. Yes. 

A. I don't think so. 

Q. It has been entered into these 
proceedings as evidence, plaintiffs' 
evidence, those reports which indicated that 
they could in fact not prove that the window 
sill — that the rifle rested on the window 
sill. 

A. A report saying that they could not 
prove that? 

Q. Yes. 

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A. I didn't need a report. I could see 
the window sill and the rifle. That just 
wasn't an issue. 

Q. I'm just wondering if that was 
disclosed to you in the course of your 
investigation, that report? 

A. I don't remember, Mr. Pepper, 
specifically. I know this: There were reams 
and reams of evidence, much of which, as soon 
as we realized what it was, we were on to 
something else. We just didn't have time to 
chew on every little piece. 

The window sill — you could not 
prove that that rifle rested on that window 
sill. There is no way. We know that as 
lawyers. If we saw a report that said we 
can't prove the rifle rested on the window 
sill, we would just flip that over and say, 
sure, and then move on. 

MR. PEPPER: Judge Haynes, thank 
you very much. 

MR. GARRISON: No questions for 



Judge Haynes. 




THE COURT: You may stand down. 

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THE WITNESS: May I be excused? 

THE COURT: You may. 

(Witness excused.) 

MR. PEPPER: The plaintiffs call 
Ms. Bobbie Balfour. 

BOBBIE BALEOUR 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Ms. Balfour. 

A. Good afternoon. 

Q. Thank you very much for coming here 
this afternoon. 

A. Oh, you are welcome. 

Q. Would you please state for the record 
your full name and address. 

A. Bobby King Balfour, 422 (Inaudible.) 



Q. Ms. Balfour, are you presently 




employed? 

A. Yes, I am. 

Q. What do you do? 

A. I'm a cook. 

Q. Where do you work? 

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A. At Embassy Suites on American Way. 

Q. In 1967 and 1968 were you employed at 
Jim's Grill on South Main Street in Memphis, 

Tennessee? 

A. I probably was, sir, but it has been 
so long, it is hard to remember what year it 
was. 

Q. Well, do you remember being employed 
in Jim's Grill at the time of the 
assassination of Martin Luther King? 

A. Oh, yes, I do, uh-huh. 

Q. On April 4th, 1968? 

A. Right. 

Q. And who was your employer at that 



time? 




A. Loyd lowers. 

Q. Mr. lowers, Loyd lowers? 

A. Uh-huh. 

Q. What were your duties then, 

Ms. Balfour, at the time? 

A. Waitress and cook, all around. I did 
everything. 

Q. So you waited on tables and you 
cooked and you - 

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A. Short-order cooked and cooked. 

Q. Goodness. How many hours a day did 
you work? 

A. We came to work in the morning time 
when he'd pick us up about four-thirty and 
stay there as long as he needed us. 

Q. So you started at four-thirty? 

A. Yeah. He would pick us up. 

Q. He would pick you up and drive you? 

A. Uh-huh. 



Q. And who else did he pick up? 




A. Another lady was named Rosetta. 



Q. On April 4th, 1968, did he pick you 
and Rosetta up on that day as well? 

A. I don't don't think Rosetta came to 
work that day, but I did. 

Q. Do you think you were picked up by 
Mr. lowers and independently taken to work on 
that day? 

A. I know I was. 

Q. You know you were? 

A. Uh-huh. 

Q. And you started at the usual time 
that morning? 

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A. Uh-huh. 

Q. Now, in the course of your work at 
Jim's Grill, were you familiar with a lady 
who lived on the second floor just above the 
grill in the rooming house named grace 
Stephens? 

A. Yes. I would take her breakfast. 




Q. You used to take her breakfast? 

A. Uh-huh. 

Q. What time did you take her breakfast 
up there as a rule? 

A. Between eight-thirty and nine 
o'clock, somewhere like that. 

Q. Eight-thirty or nine o'clock you 
would take her breakfast up? 

A. Yeah. 

Q. And would you leave the food with her 
and then come back downstairs? 

A. I would set it beside the bed. 

Q. And then would you go and get the 
dishes at another time? 

A. No. 

Q. What happened to the dishes that you 
left there? 

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A. I don't know, but I guess they got 
back. I didn't bring them back. 



Q. So you didn't bring them back? 




A. No. 



Q. So you just went up — you delivered 
the breakfast to her? 

A. Right. 

Q. Why was that? Was she ill? 

A. She was in bed all the time. 

Q. She was in bed all the time? 

A. Uh-huh. 

Q. Do you know if she had an illness or 
sickness? 

A. No, I don't, didn't know what it was. 

Q. You didn't know? 

A. No. 

Q. How long did you have that practice 
of going up there and delivering her 
food? 

A. Oh, just sometimes. I didn't go all 
the time because sometimes Rosetta went. 

Q. Sometimes Rosetta went? 

A. Right. 

Q. Was Rosetta working that morning on 

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April 4th, as you recall? 

A. I don't think so. It has been a long 
time. I can't hardly remember, though. I 
don't think Rosetta worked that day. 

Q. You don't think she did? 

A. I don't think she did. 

Q. You were there alone? 

A. No, I wasn't there alone. He had 
another girl there, too. 

Q. He had another girl working there? 

A. Yes. 

Q. Ms. Balfour, did you take breakfast 
up to Ms. Grace Stephens that morning? 
A. No, I did not. 

Q. And why didn't you take breakfast up 
to Mrs. Grace Stephens that morning? 

A. Mr. lowers said I didn't have to take 
it up there that day. 

Q. Mr. lowers said you didn't have to 
take it up there that morning? 

A. Uh-huh. 



Q. So he told you not to go upstairs 




with the breakfast that morning? 

A. Right. 

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Q. Did he explain to you why he did not 
want you to go onto the second floor of the 
rooming house? 

A. No, he did not. 

Q. Did you ask him? 

A. No. 

Q. You just followed him because he was 
the boss? 

A. Right. 

Q. Do you know if Grace Stephens got her 
breakfast that day? 

A. I don't know. 

Q. Ms. Balfour, how long did you work on 
that day? 

A. Well, I went in that morning, and I 
don't know the exact time it was, but just as 
I run across the street just in time to catch 



the bus, then I made it in the house and it 




came on the TV that King had got killed. 



Q. So you left Jim's Grill sometime 
early prior to the assassination, and by the 
time you got home, you heard about it? 

A. Right. 

Q. Now, did you go to work the next 

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morning? 

A. Yes, I did. He picked me up. 

Q. Mr. lowers picked you up the next 
morning? 

A. Right. 

Q. And he drove you to work? 

A. Right. 

Q. In the course of that ride to work 
the next morning, do you recall if he 
mentioned a rifle to you? 

A. No. I remember him saying, you 
should have been here last night, we had a 
lot of excitement. I asked him what was he 



talking about. He said that the police had 




come through our place of business and found 



a gun. 

Q. The police had come through the 
restaurant? 

A. Right. 

Q. And found a gun? 

A. Uh-huh. 

Q. Where did they say they found the 
gun? 

A. In the backyard. 

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Q. In the backyard? 

A. In the backyard. 

Q. Did you ever look out into that back 
area through the back door? 

A. I have looked out that back door, but 
it was kind of woody out there, a lot of 
grass, weeds and stuff out there. 

Q. Could you describe that area as you 
recall it as you looked onto it? 

A. There was a lot of grass out there. 




you know, little trees that had grown up back 
there. It was in bad shape back there. 

Q. Bad shape? 

A. Uh-huh. 

Q. Mr. lowers said the police came 
through there and they found the gun in that 
back area somewhere? 

A. Right. 

Q. Did he say anything else about the 
finding of the gun or about the events of the 
night before? 

A. Ug-huh. 

Q. Nothing more than that? 

A. No. 

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MR. PEPPER: Nothing further. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Ms. Balfour, you had gone to work 
that day at the grill about four or five 



o'clock in the morning? 




A. Right. 

Q. Mr. lowers as usual had come to your 
home and gotten you that morning and took you 
on to work? 

A. That's true. 

Q. Let me ask you something. On the day 
that this occurred, April the 4th, 1968, that 
was a Thursday, had you worked all that week 
as you recall? 

A. Yeah. 

Q. Did you ever see any money in that 
restaurant, anyone bring any money? 

A. No. 

Q. You were there most of the time in 
and out of the back? 

A. Yes. 

Q. Did you ever see a gun? 

A. No. 

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Q. No gun at all? 



A. No. 




Q. Did you ever hear Mr. lowers make any 
statement before it occurred about the 
assassination of Dr. King or Dr. King, any 
talk about that at all? 

A. No, lowers wasn't that type person. 

Q. He was not prejudiced at all, was he? 

A. No, he wasn't. 

Q. Very fair, wasn't he? 

A. He sure was. 

Q. Did you ever see any police officers 
in the grill before the assassination of Dr. 
King, did any of them come in on a regular 
basis? 

A. No. 

Q. Let me ask you, Ms. Balfour, on the 
day of the assassination, what time did you 
leave? 

A. I don't know what time it was, but it 
was kind of late. Because after I made it in 
the house, it came on the TV that King had 
got killed. 

Q. Did you see any new faces that were 



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there, any strangers in the grill that day 
that you remember? 

A. No. 

Q. Now, as far as taking the breakfast 

to Ms. Stephens, do you know if Mr. Stephens 

was paying Mr. lowers for this? 

A. No, I sure don't. Charlie Stephens 
paid him all the time. 

Q. In fact, that day Mr. lowers had run 
Mr. Stephens out of the restaurant because he 
was so drunk he told him to get out of there, 
didn't he? 

A. Several times. 

Q. That had some problems, didn't they? 

A. Yeah. 

MR. GARRISON: That's all. 

THE COURT: Anything further of 
this witness? 

MR. PEPPER: lust briefly. Your 
Honor. 



REDIRECT EXAMINATION 




BY MR. PEPPER: 



Q. Mrs. Balfour, were you — did you 
ever give a statement to the police or any 

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investigating authority about what you told 
this Court today? 

A. After King got killed? 

Q. Yes. 

A. No, they never did ask me. 

Q. I'm sorry? 

A. No, didn't nobody ever question me at 
that time. When they came in that next day, 
they asked me a question, but when I gave 
them an answer, they told me to go back in 
the kitchen. 

Q. They told you what? 

A. Go back in the kitchen. 

Q. Told you to go back in the kitchen? 

A. Uh-huh. 

Q. They asked you a question, you gave 
them an answer, and they told you to go back 




in the kitchen? 



A. Right. 

Q. And no investigating authorities had 
ever questioned you about what you saw or 
what you heard or anything? 

A. No. 

MR. PEPPER: Thank you very 

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much, Mrs. Balfour. 

MR. GARRISON: Eet me ask you 
one other thing. 

RECROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Did anyone from the police, EBI or 
Sheriffs Office ever come into the grill 
while you were there to look around, 
investigate anything after the assassination? 

A. No. 

MR. GARRISON: Thafs all. 

THE COURT: You may stand down. 



(Witness excused.) 




MR. PEPPER: Your Honor, 



plaintiffs call the clerk of the criminal 
court, William key. 

WIEEIAM R. KEY 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Mr. Key. Thank you 
very much for coming here this afternoon. 

Would you state your full name and address 

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for the record, please. 

A. William R. Key. I live at 1574 

Cherry Park Drive, Memphis, Tennessee, 38120. 

Q. Mr. Key, would you tell the Court 
what is your present position? 

A. I'm the criminal court clerk of 
Shelby County. 

Q. What are your responsibilities as the 



clerk of the criminal court? 




A. Basically the clerk of the court is 
the keeper of the records. In our case, we 
also keep the property and evidence. 

Q. And you maintain an evidence room 
over in the criminal court clerk's office? 

A. That is correct, on the 4th floor. 

Q. When you keep property in that 
evidence room, what is the nature of the 
property that you keep there? 

A. Those properties are brought in for 
court proceedings, and after that we continue 
to hold the property until the case disposed 
of, some of it for twenty, twenty-five years. 

Q. And has the property in the case 
relating to the assassination of Martin 

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Luther King been kept in your office or 
property room? 

A. The property in the case of Martin 
Luther King's death is kept in a vault. We 
have a large room larger than this room here 




where most of the property is kept. However, 
in the case of the King killing, it is kept 
in a safe that is separate from that where we 
keep money and diamonds and things of that 
nature. 

Q. Would you say that all of the 
evidence in that case that is known that has 
been turned over is kept in that facility? 

A. That is correct. There are thirteen 
boxes of it, two hundred sixty-seven items. 

Q. It is under your direct supervision? 

A. That is true. 

Q. Your care and custody? 

A. Yes, sir. 

Q. That evidence that has been kept in 
that vault in terms of its custodial chain, 
it has been kept in that vault since 1968? 

A. Not in this particular vault. The 
criminal court clerk's office was moved 

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across to 201 Poplar from 157 Poplar, and 




when it was moved there, it was formerly in a 
vault in 157, and when we moved into the new 
quarters there at 201 Poplar, it was moved 
there in 1981. 

Q. So it has moved to a different 
facility? 

A. Yes. 

Q. But it has always been under the 
supervision, control, care and custody of the 
clerk of the criminal court, which includes 
your predecessors? 

A. Yes, sir. 

Q. You are the most recent in a long 
line? 

A. Five years. I've had it for five 

years. Previous to that Mr. Blackwell had 

it. 

Q. Now, Mr. Key, are you in attendance 
here this afternoon under subpoena? 

A. Yes, I am. 

Q. Have you been asked to bring a piece 
of evidence with you to this courtroom? 



A. That is correct. 




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Q. And what is that evidence that you 
have brought here to show us? 

A. The rifle that is purported to have 
been the weapon that slew Dr. King. 

Q. This is the evidence rifle in the 

case, the assassination of Dr. Martin Luther 

King? 

A. That is correct. 

Q. Is that evidence in this courtroom? 

A. Yes, it is. 

Q. Where is it? 

A. It is over there. 

MR. PEPPER: Your Honor, if the 
evidence may be brought forward. 

THE COURT: Go ahead. Test it 
to make sure it won't fire. 

(Rifle passed to the witness.) 

Q. (BY MR. PEPPER) Now, do you recognize 
that as the evidence rifle in the case, the 



alleged murder weapon of Dr. Martin Luther 




King? 

A. Yes, it is. This is the weapon that 
we've had since I've been there, and it was 
taken to Rhode Island and Pennsylvania for 

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firing and testing. 

Q. That is the weapon that has been in 
the care and custody and has not been 
tampered with or exchanged or replaced in any 
way? 

A. That is correct, since I've been 
there. Before I came into that office, I 
can't testify to that, but I have some 
feeling that it was kept there in the office 
that we presently keep it in. 

Q. Mr. Key, is that rifle presently, as 

far as you are aware, capable of being used? 

A. Yes, it is. It still is. We 

witnessed it being fired in Pennsylvania and 

Rhode Island. 



MR. PEPPER: I have nothing 




further of this witness. 



MR. GARRISON: I have no 

questions for Mr. Key. I know Mr. Key well. 

I've known you many years. What is it, 
forty? 

THE WITNESS: A few years. 

THE COURT: Eet me see it. 

(Rifle passed to the Court.) 

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MR. PEPPER: It is a 30-06 760 
Gamemaster. Your Honor, we would just like 
the jury to have a visit with that weapon, if 
it is possible. 

THE WITNESS: Eet me mention 
this. I am under court order that no one 
examines it nor holds it. 

THE COURT: You may hold it for 
their inspection. 

MR. PEPPER: Nothing further. Your 
Honor. Plaintiffs would like the weapon to 



remain in the courtroom for the next 




witness. 



THE COURT: Is the next 
testimony concerning this? 

MR. PEPPER: The next witness is 
on his way, yes. 

THE COURT: Would you stay? 

THE WITNESS: We will stay 
here. 

THE COURT: All right. 

(Witness excused.) 

JOE B. BROWN 

Having been first duly sworn, was examined 

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and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon. Judge. 

A. Good afternoon, sir. How are you. 

Q. If you would state for the record, 
please, your full name address. 

A. Joseph B. Brown, business address. 




201 Poplar. 

Q. Thank you. What is is your present 
position, sir? 

A. I'm a state judge for the 30th 
Judicial District, State of Tennessee, 

Division IX, Criminal Court of Shelby County. 

Q. Are you testifying here this 
afternoon voluntarily or under subpoena? 

A. Under subpoena. 

Q. Thank you again for joining us. 

Judge Brown, would you tell the Court some of 
your qualifications and professional 
training. 

A. All right. I have a law degree from 
the University of California, Los Angeles, 

1973. Came out here — let's see. I've been 

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a member of the bar of the State of Tennessee 
since 1975, worked for Eegal Services here, 
then the Equal Employment Opportunity 



Commission. 




I was I believe the first blaek 



proseeutor for the City of Memphis and I ran 
the City Publie Defender's Offiee for awhile, 
then I went into private praetiee, and in 
1990 1 was eleeted judge for Division IX of 
the Criminal Courts, August of 1998 
re-eleeted for another term. 

Q. Prior to your law eareer, eould you 
tell us what was your professional training 
and what was your - 
A. You mean relative to the subjeet at 
hand? 

Q. Relative to the subjeet at hand. 

A. I've always had an intense interest 
in the field of ballisties, firearms and sueh 
like. I've been a hunter, target-shooter. 

It is sort of a hobby of mine. 

At one time in life I thought when I 
night go into eriminal law it was a deeision 
I made to get as mueh into the subjeet as I 

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might so I would be able to properly defend 
certain defendants. 

Q. Over what period of time did you 
develop this knowledge and experience with 
weapons? 

A. Let's see. My father taught me to 
shoot when I was six years old. So that 
would be going on too close to fifty years 
ago. 

Q. And had you on your own studied and 
read about the science of ballistics and 
weapons? 

A. I have. 

Q. Over what period of time have you 
done that? 

A. About the last forty years or so. 

Q. How long have you handled weapons of 
various kinds? 

A. Like I said, starting about six or 
seven years old. 

Q. How long have you handled or had 
experience with rifles such as the type 



involved in this case? 




A. I'd say thirty, thirty-five years 

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worth of experience. 

Q. And during the course of that 
experience, have you explored the nuances of 
ballistics and the matching of bullets to 
particular weapons? 

A. I have, sir. 

Q. Are you familiar with the techniques 
used in that process? 

A. Yes, sir, I am. 

Q. Have you familiarized yourself with 
the types of weapons and the types of bullets 
that go with those weapons, the range of 
weapons? 

A. I have, sir. 

MR. PEPPER: Your Honor, 

plaintiff would move that Judge Brown be — 

Judge Brown's testimony testimony here be 
admitted as that of an expert for the purpose 



of this discussion. 




MR. GARRISON: I certainly agree 
and have no objection. 

THE COURT: All right. You may 
proceed. 

Q. (BY MR. PEPPER) Judge Brown, would 
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you please initially begin a discussion so 
that the Court and the jury can become aware 
generally of what the science of ballistics 
is about and how it is practiced. 

A. Actually what ballistics is about is 
the flight of projectiles, in other words, a 
projectile that has an initial impetus placed 
upon it such as a ballistic missle, where 
there is a thrust at the beginning of the 
flight of the object, a projectile fired out 
of a catapult in Ancient Roman times where 
there is a slinging of an object, what 
happens once it gets that initial impetus, 
closely at hand what happens when you fire a 
bullet, projectile, from a rifle or pistol or 



WEATHEREORD 




such like, how does it behave as it travels 



from its point of firing to its target or 
until it impacts the ground or, in other 
words, stops its forward flight. 

Now, in that process there are 
certain specified or special categories such 
as studying the internal ballistics they call 
the subject, that is how does a projectile 
behave in the barrel of a weapon, what 

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happens when you take one of the 
self-contained cartridges that are about 
universal today, put that in the appropriate 
weapon, pull the trigger and fire it, what 
happens. Those are called internal 
ballistics. That is called internal 
ballistics. 

One of the things that is common 
today is to take a projectile, a bullet, if 
you would, that has been found in the body of 
the victim of a homicide or a wounding and 




attempt to compare that bullet with the known 
sample fired from the suspect weapon. What 
commonly happens is the bullet is placed in a 
device that amounts to a microscope where the 
examiner can carefully move the suspect 
bullet around and then take the known sample 
and attempt to compare it using striations, 
which are fine grooves that are engraved on 
the bullet based on the particular 
characteristics of the weapon. 

There are basal or base 

characteristics that are determined by the 

nature of the weapon, what caliber it is, who 

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the manufacturer is, and then there are 
individual characteristics of weapons that 
are brought about by manufacturing flaws. 

Nothing is perfect, and everything 
that is manufactured basically is going to 
leave some tool marks in the bore of the 



weapon. The idea is to see if you can 




compare the individual signature of a weapon 
that it would leave on a specimen or bullet, 
sample bullet, and see if you can match that 
up with the bullet that you have removed from 
the body of the victim. 

Q. Right. Your Honor, would you 
describe for the jury the kind of bullet, 
projectile — but bullets are we're talking 
about here — that is involved in this case? 

A. We're talking about a bullet that is 
nominally a .308 diameter, commonly known as 
a .30-caliber bullet. The allegation of the 
State was that that bullet was fired from a 
weapon known as a 30-06, in other words, 
a .30-caliber weapon firing a cartridge 
that was based on a military cartridge known 
as .30-caliber of 1906. 

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It was a modification of the 

earlier .30-caliber of the model 1903 which 



resulted in a shortening of the case neck of 




that cartridge, a reduction of the weight of 
the initial military bullet from 220 grains 
down to appointed 150-grain bullet. That 
became known as a 30-06. 

The actual caliber of the projectile 
is .308. In European terms that is known as 
a 7.62 by 63 mi llimeter cartridge. We know 
it as a 30-06. 

Q. Judge, would you describe for the 
jury the difference between a military bullet 
or a hard point and a solt-point bullet? 

A. As a result of the Geneva Convention, 
the military establishments of most of the 
world agreed to not use expanding bullets for 
humane purposes. In the latter part of the 
19th Century, the English in India were 
concerned about the lack of stopping power 
that their bullets showed on some of the 
native population, so they had a dumb dumb 
arsenal in India. 

They started producing a bullet with 

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a large amount of lead exposed at the tip of 
the bullet, and in certain instances hollow 
pointed, that is, the bullet has a hole in 
the front or a large amount of lead exposed, 
and that would cause the bullet to expand 
when it hit flesh, which would result in a 
recovered bullet looking something like a 
mushroom. That caused a very, very bad 
wound. 

So as a humane matter, most of the 
world has agreed not to use soft-point 
bullets, and they use what they call full 
metal jacketed bullets, where the point of 
the bullet is covered with a gilding of steel 
or brass or composite jacket so it does not 
expand. Most bullets still have a lead core. 
Q. Would you explain how the bullets are 
manufactured by various manufacturers in 
terms of the composition of the lead and the 
similarity from batch to batch? 

A. Regarding the case at hand, the 
situation is this: A manufacturer, say 




Remmington, Winchester or Olin, Federal, when 
they make up a batch of bullets, they are 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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700 

faced with this: They do not have any 
machines that are dedicated to one particular 
type of bullet. So what happens, they may 
make a run of twenty-five million or 
thirty-five million of a given type a bullet, 
say 150-grain .308 bullets. 

Then after they make that run, they 
may switch over to 6.5 millimeter with the 
same machine and run fifteen to twenty 
million of those. Then when it comes time to 
convert it back to .30-caliber, which was 
the .308, they can't get the tolerances 
exactly as they were before, so what they 
tend to do is they run batches which they 
call lots, LOTS, and they give each batch 
a lot number. 

When they load up ammunition, that 
is, the completed cartridge, they generally 




try to make the lots consistent so that the 
customer can be assured that he will get 
reasonable accuracy and predictability with 
any cartridge that he buys from this 
company. 

So what happens is they have a lot 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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701 

of bullets or a batch of bullets with an 
assigned lot number. The powder varies, too, 
from one batch number, so they'll have a lot 
number assigned to a particular batch of 
powder and they'll have a batch with a lot 
number assigned to the cartridge case that is 
to be used in the loaded cartridge. They 
will also do the same with primer. 

So when they make a run, a batch of 
these cartridges, everything will have 
similar lot numbers, in other words, the 
bullets might be E071565J3 with a number on 
that, and the same with the cartridge. They 



will use the same run or batch of lead, the 




same run or batch of gilding, the same run or 
batch of copper or alloy or brass for the 
cartridge case and the same applies. 

So what happens is if you run a 
metallurgical analysis on any of the 
materials, you will expect to find that there 
is a metallurgical consistency from one 
cartridge to the next in the same batch, from 
one sample of powder taken out of a cartridge 
with another in the same batch, and the same 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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702 

with the bullets, the gilding metal of the 
jacket will be the same and the lead cores 
would be the same. 

Q. Thank you. Judge. Have you 
familiarized yourself with the death slug in 
this case? 

A. I have, sir. 

Q. Have you familiarizeed yourself with 
other bullets and cartridges that were found 



in an evidence bundle in this case? 




A. Yes, sir. What seems to have 



happened is that when the rifle in question 
was recovered, there were four unfired 
cartridge cases that were recovered along 
with the rifle and one fired cartridge case. 

A primitive metallurgical analysis done some 
thirty years ago revealed or suggests that 
the fired cartridge case and the four unfired 
cartridge cases are metallurgically 
identical, that is, they are from the same 
lot. 

The bullets from the four unfired 
cartridge cases are metallurgically identical 
when the lead cores are analyzed, whereas the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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703 

bullet removed from Dr. King is not 
identical. It is metallurgically different 
in its composition, which would suggest it is 
not from the same lot. That would be totally 
contrary to the policies of the ammunition 



companies. 




Q. Let us understand what it is you are 
saying here. It is that the evidence bullets 
that were found in the bundle, the evidence 
bundle that was dropped, have a different 
metallurgical composition than the slug that 
was taken from Dr. King's body? 

A. That's correct. 

Q. Are you saying — 

A. Further, the significance of that is 
developed by the fact that this cartridge 
case that appears to have definitely been 
fired in the rifle that is in evidence is in 
fact of the same lot as the other four 
unfired cartridges. You would expect the 
bullet that had been removed from Dr. King's 
body to have been of the same lot. 

That suggests that this bullet was 

not fired from that empty cartridge case that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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704 

was found with the rifle, and it was 
definitely fired in the rifle as per some 




tests that were run on that cartridge and 
that rifle and other sample cartridges. 

Q. All right. Thank you. Now, would 
you tell the jury about the nature of the 
weapon - we're going to take a look at that 
in a minute — but the nature of the weapon 
as you understand it, the alleged murder 
weapon in this case? 

A. The murder weapon in this case is a 
Remmington 760 Gamemaster, caliber 30-06. 

Q. And what is significant about the 760 
Gamemaster rifle in terms of its comparison 
with other 30-06's? 

A. It is what is known as a pump-action 
rifle. It is basically the only one still 
manufactured in America, though Browning last 
year came out with a weapon similarly 
activated. 

At one time it was popular, but over 
the years since the end of the 19th century 
that is basically the only remaining 
center-fire pump-action rifle. There is also 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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705 

a slightly different version of that which is 
a semiautomatic weapon. 

Q. Is there a counterpart weapon that is 
a military issue? 

A. Well, I wouldn't say it is exactly a 
counterpart, but what you are talking about 
is .30-caliber weapons generally. It is 
perhaps the most popular caliber in America. 
You have several weapons that will 
fire an identical bullet. By that, I mean 
that if you manufactured a lot of or a batch 
of these bullets, you could load those 
bullets correctly in several different 
caliber weapons. 

One is what is known as a 308 
Winchester, which is a civilian nomenclature 
applied to something known as a 76 2x51 nail 
round. It was adopted in 1954 by the U. S. 
Government and most of the NATO forces after 
some tests. It also fires a .308 bullet. 

Likewise, there is what is known as 




a 300 Holland & Holland Magnum, a 30 Supra is 
another name for it, and it fires a .308 
bullet, the same one. It you hand load, you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

706 

can take a .308 bullet that you would buy in 
a gun shop, and if it is suitable for your 
purposes, you could load that in a 308 
Winchester, a 30-06, a 300 H&H, also in a 300 
Winchester Magnum. 

You can load that very same bullet 
in a 300 Weatherby. Now you can load it 
in — let's see. I'm talking about factory 
ammunition only — a 30 x 378 Weatherby, and 
they have a 330 Super Magnum that Remmington 
has that will take the same bullet. 

There is something Laseroni has out 
called a WarBird, a very specialized thing. 

There is a company called Dakota that puts 
one out. They all use this exact same .308 
bullet. 



Now, what happens, back to your 




question about the military, is currently, 
since it is a standard NATO round, you have 
such items as the M-60 machine gun, which 
we're not talking about here, but you do have 
what is known as the M-14, which was adopted 
in 1956 as the standard battle weapon for the 
U.S. military, that is, the Marine Corps and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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707 

the Army, that has been superseded by the 
M-16 family of weapons. 

There is also an M-21, which is a 
sniper edition of the M-14. You have an 
M-24, which is a Winchester Model 70 that the 
military used in the late 1960's that was a 
bolt-action sniper weapon. 

You have a version of the Remmington 
700 bolt-action weapon that the military 
currently uses as a sniper weapon, along with 
refurbished editions of the M-21. You have 
various and sundry permutations of weaponry 
that are .30-caliber that the military has 




used from time to time. 



On the civilian market there are 
also a number of semiautomatic weapons that 
had military intentions initially, such as 
the F. N. Fowl that was commonly available 
and the G3/H and K91, which are available 
from time to time. So there are a number of 
weapons that will be such as to fire a 
similar bullet. 

Q. And were there a number of weapons 
that could fire such a bullet back in 1969? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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708 

A. There were. A number I could think 
of. The 308 Winchester was popular. 

The 30-06 was even more popular at the 
time. Those two would have probably been 
what you would have encountered if you were 
talking about a hunting caliber center-firing 
30-06 or a 308 Winchester. You also have 
the old .30-30, which fires a similar 



diameter bullet, but that would be a 




blunt-nosed slug, which is an entirely 
different design for feeding through a 
tubular magazine. 

You also had a. 30-40 Frig that was 
this use starting from 1892 and the U.S. 
military used a .308 slug,, and if somebody 
was shooting one of those, you would have had 
it firing a similar bullet. Or if someone 
hand-loaded it, that would still be the 
case. There were very many foreign copies of 
the same weapon. 

Q. So any one of those range of weapons 
could have fired this type of slug at that 
time? 

A. That's correct, sir. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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709 

MR. PEPPER: If it please the 

Court, I'd like to have the witness examine 

the weapon in evidence. 

(Rifle passed to the witness.) 

Q. (BY MR. PEPPER) Do you recognize that 




weapon? 

A. Yes, that's the 760 Gamemaster in 
evidence in this case. 

Q. What can you tell the jury about this 
particular weapon? 

A. Although it doesn't exactly look it 
right now, it is a fairly new weapon. It has 
a Redfield 2 to 7 variable scope on it. It 
is mounted in Weaver scope rings, and mounts 
it is a pump-action weapon. And it is 
from the evidence, the marking on the 
barrel, 30-06 in caliber. 

Q. Did you have occasion to consider 
this weapon as the murder weapon in this case 
in some degree of depth and careful 
consideration? 

A. I did, sir. 

Q. When was that? 

A. That was during the course of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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710 



proceedings brought by the late James Earl 




Ray, what are known as post-conviction relief 
proceedings to challenge his conviction. 

Mr. Ray had never confessed to the 
killing of Dr. King, but he had entered what 
is known as an Alford versus North Carolina 
plea. That is a plea delivered under the 
principle of the case of Alford versus North 
Carolina, which is a moderately old U.S. 
Supreme Court case that stands for the 
proposition that you may plead guilty even if 
you are not actually guilty if you believe it 
is in your best interest to do so, from all 
of the proof in evidence you think it in your 
best interest to do that and you did it 
freely, voluntarily, knowingly, advisedly and 
intelligently if the State otherwise has a 
reasonable factual basis upon which to 
proceed. 

In other words, you might say you 
may plead guilty even if you are not guilty 
if you think that is in your best interest if 
the State otherwise has a reasonable factual 



basis upon which to proceed. In other words. 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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711 

you might say you may cop out and plead 
guilty even if you are not guilty if that is 
in your best interest if the State has some 
case that they can go forward upon. 

The entirety of that case, according 
to the petitioner's theory, was based on this 
rifle, which is what hooked him up with the 
case. During the course of reviewing the 
record for this matter, it developed that 
there was a transcript of James Earl Ray's 
guilty plea. 

It develops that Mr. Ray aforesaid 
had never actually confessed to the killing 
of Dr. King. I believe there are at least 
two places in that transcript that revealed 
that when an investigator for the District 
Attorney's office testified during the course 
of the guilty plea procedings and indicated 
that James Earl Ray acted alone, in at least 



one instance Mr. Ray rose and in sort of a 




mild outburst indicated that that was not 



true, that he did not act by himself, 
whereupon a recess was taken. That happened 
again. Another recess was taken. And then 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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712 

he did not rise the third time. They then 
went through the process. 

It is not unusual, and we have a lot 
of cases that are disposed of on what we call 
Alford pleas. In other words, the defendant 
has a criminal record that would be revealed 
to a jury in the event that he testified 
which might be something that he would be 
leery of. There would be an instruction 
given to the jury to the effect that if the 
defendant testifies and you find that he has 
any felony convictions, you are not to 
consider this as touching upon his guilt or 
innocence but you may consider it in terms of 
evaluating his credibility. 



Well, unless there is an exceptional 




situation, and you get in front of a jury and 
they find out you've got a criminal history, 
they are not going to look at you as well as 
they might have otherwise even in spite of 
the instructions give by the judge. You may 
think that the case is so outrageous or so 
gross or horrible that you don't really want 
to take your chances in front of a jury and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

713 

you will settle for what has been offered. 

So that is what we had going on here 
as far as the petitioner's theory. In other 
words, at the time, considering the person 
who was slain, the public outcry and uproar 
and the possible sentence he could have 
gotten, he thought it was in his interest to 
enter what is known as an Alford plea. 

Q. Now, Judge Brown, how long did you 
preside over those proceedings? 

A. I'd like to say about three years. 

It all sort of shifts into a blur. It got in 




my courtroom, there was at that time a set of 
laws and cases that had been decided that 
basically caused me to deny the petition of 
James Earl Ray for not being timely. 

However, I did note that there was a 
loophole in the existing laws in the State of 
Tennessee, and it was this: A person could 
be sitting on death row, let's say, and 
through the use of DNA evidence he could 
prove his absolute innocence. But unless he 
had filed that case within the existing 
statute of limitations for post-conviction 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

714 

relief proceedings, which at that time was 
three years, and raised that evidence or he 
was able to avail himself of what was known 
as petition of era crim nobis, which has been 
an ancient thing, of within one year, then he 
had no remedy. 

The law abhors a situation which is 



legal where there is no judicial remedy. 




which, of course, the only thing he could do 
was apply to the governor's office for 
clemency. 

So what I ordered is that the 
petition would be denied, but I would allow 
the petitioner to put on what is known as a 
proffer of proof. In other words, if he were 
allowed to present this evidence, this is 
what it would show so an appellate court 
could determine whether or not the law needed 
to be reviewed. 

Well, in any event, I ordered that 
the rifle be retested. That was in 
accordance with an order given by the late 
Preston Battle, who was the original judge. 

In 1968 Judge Battle entered an order that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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715 

said the rifle was to be tellsed since he was 
not satisfied with the ballistics tests that 
had been run at that point. But that rifle 



was never retested. 




So I ordered it retested. It went 



to the Court of Criminal Appeals who went 
along with the prosecutorial side of things 
and declined to allow that rifle to be 
retested and issued a stay. 

Well, a few weeks after that stay 
was issued, it developed that the 
legislature, which I was aware of, had been 
working on a new post-conviction relief 
statute and they passed that statute and they 
said if there is new scientific methodology 
that would establish the innocence of a 
petitioner, there is no statute of 
limitations, and such post-conviction relief 
petitions have no time limit on when they can 
be filed and no time limit on when they can 
be reopened for showing by new scientific 
evidence or methodology that the defendant is 
innocent. That is so you don't get someone 
stuck on death row when there is methodology 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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716 




such as DNA testing that would show he is not 
the fellow. 

Q. Judge Brown, in the course of 
preceding over those proceedings for 
post-conviction relief, did you consider very 
carefully the testing history of that rifle 
and familiarize yourself with it? 

A. I did, sir. I thought that it was 
totally inadequate. At the time this weapon 
was tested by the FBI, what they did is they 
took four cartridges and fired them through 
this weapon into what is known as cotton 
waste. If you fire a high-velocity 
projectile into cotton waste, you totally 
obliterate, that is, destroy, the fine 
striations that would enable you to do a 
valid ballistics test. 

The only thing you can get to out of 
that would be the basal characteristics, in 
other words, the base characteristics, which 
would be this weapon fired a .30-caliber 
bullet of .308 in diameter, and it had four 
lands and grooves with an apparent right-hand 




twist. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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111 

One thing they never did resolve out 
of that was what was the rate of twist. 

Historically 30-06's had rates of twist of 
one full turn in every ten inches. Weapons 
that are designed from the front end as 308 
weapons have one full turn every twelve 
inches, though there are examples of each 
where the rifling twist is as the other would 
be. It depends upon what you are trying to 
achieve with the weapon, whether you think 
you will fire a heavier bullet or a lighter 
bullet for the caliber. 

But, in any event, the tests that 
they did indicated — the tests that they did 
were totally incapable of giving a valid 
basis of comparison to determine whether the 
bullet removed from the body of Dr. King was 
in fact fired from this weapon. 



Now, in any event, there are some 




other things that happened that I became 
aware of during the course of my examination 
of the record. One thing, I believe Mr. Key 
came up with this, that is when I asked for 
an inventory of all evidence in the case, he 
DANIEL, DILLINGER, DOMINSKI, RICHB 
(901)529-1999 
718 

noted that there was a picture of the bullet 
or the slug that was removed from Dr. King's 
body before it was transmitted to the EBI. 

That picture revealed that the bullet was 
intact, though mushroomed. 

What the EBI sent back after the 
conclusion of the test was three jacket 
fragments and three lead core fragments that 
had been cut as though you were taking a 
banana and just pulled the peels all the way 
off of the banana and then took a knife and 
cut the banana length-wise in three equal 
sections. 

Q. Judge, let me just stop you there. 

Let me put this picture up. Is that the 



WEATHEREORD 




photograph you referred to? 

A. You found the picture, I see. It 
looks similar to that. I can't say if that 
is the actual item in evidence. 

Q. Does it look similar to the evidence 
photo? That was a photograph of three 
fragments? 

A. Right. 

Q. So would you describe, as best can 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

719 

you — 

A. What you can see in the lower 
right-hand comer is the jacket itself. It 
has been peeled back by a mushroom process. 

What you are looking at is the other two 
items are pieces of the lead core. 

Q. Would you explain how that could 
occur. 

A. Well, it could be that it was not a 
very well-constructed bullet and it simply 
fell out at some time during the course of 




testing. But what I found later in there was 
not just what you look at there but before 
the jacket had been peeled back so there are 
three separate fragments to the jacket 
itself. 

Q. So the bullet that was taken from Dr. 

King's body was in one piece? 

A. It was in one piece. It is a hunting 
bullet. It is a soft-core bullet. That 
bullet is designed for the human harvesting 
of animals. You don't want an animal to 
suffer. So what you want is for the maximum 
energy of the rifle to be dumped into the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

720 

target so it dies quickly due to massive 
injuries. It mushrooms so the bullet 
transfers most of its energy into the animal 
rather than putting a clean hole through it. 

If you were to shoot an animal 

between one hundred and about three hundred 



fifty pounds, any of the animals that are 




typical of this continent, with a 30-06 from 
say under a hundred fifty yards, which would 
be typical hunting range, if you got a solid 
torso hit in the lung or heart area, you 
could pretty much count on that animal 
dying. That would be a non-survivable 
wound. 

You would dump the entire energy of 
the weapon into the target, and that would be 
about a ton and a half of energy at somewhere 
between a hundred fifty yards down to close 
to the muzzle. 

In other words, if you fired this 
weapon, you would have 150-grain bullet 
moving at a nominal velocity, and with the 
type of ammo they were likely to have had in 
1968, at about twenty-seven hundred, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

721 

twenty-seven hundred fifty feet per second, 
which would leave you going on three thousand 



foot pounds of energy. 




In other words, if you put a scale 
in front of the muzzle of this rifle, one 
foot in front of it, and fired it, you could 
register what that bullet weighed, and it 
would weigh about a ten and a half when it 
hit this scale. 

What usually happens is when you 
shoot somebody with a military bullet, which 
is a full metal jacket, you put a nice clean 
hole in them and most of the energy is dumped 
in the dirt or in a tree or rock behind the 
target. If you shoot an animal with this, 
you dump all the energy in the animal and it 
expires quickly. 

Generally hunters prefer these days 
to have the bullet completely penetrate the 
animal so you can leave a blood trail. But I 
will assure you it leaves a much bigger hole 
on the way out then it does going in. 

If you shoot a deer, very seldom 
will one of them drop right in its tracks. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




722 



It will usually take off and run twenty-five, 
a hundred fifty yards, and you've got the 
task of tracking that animal through the 
underbrush until you find the body which has 
expired from blood loss. 

If you shoot the animal right and 
the bullet does not penetrate downward but 
stays inside and disintegrates, which is 
known as a bullet failure, then you may still 
disrupt the animal's central nervous system 
and it will drop in its tracks. That happens 
from time to time. 

Q. Judge, do you recall from the 
evidence before you at that time how the 
petitioner came to buy that particular rifle? 

A. What seems to have happened from the 
record is that James Earl Ray went into a 
business that sold firearms and bought what 
is known as a 243 Winchester. It is one of 
the 308 rounds that we had been talking about 
or at least the cartridge case, neck down, 
to .243 caliber. In other words, about six 




millimeters versus seven point six two 
millimeter. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

723 

He brought it back the next day and 
advised the proprietor that he had been told 
or advised to get a .30-caliber weapon, 
whereupon he reportedly purchased this item 
right here and they mounted a scope on this 
weapon. 

Q. Judge, I'm going to come to the 
scope, but could I ask you, was the 243 
Winchester not an adequate rifle for the 
purpose that this one was allegedly used for? 

A. Actually a 243 actually probably 
would have been a better weapon for the 
purpose than this would have been, commonly 
used to dispatch deer and also varments. 

Also, it is a pretty accurate round, and 
we're talking about a range that is less than 
a hundred fifty yards, if you have any idea 
of the ultimate layout of the scene, which is 




Dr. King at the Lorraine Hotel with the 
apparent point of firing being somewhere 
within a hundred fifty yards. 

Q. The 243 Winchester in fact was as 
good or a better a rifle for the purpose of 
assassination than that weapon? 

DANIEL, DILLINGER, DOMINSKI, RICHBE 

(901)529-1999 

724 

A. At least as well. It would have been 
quite a bit better caliber than the one that 
was used to kill President John E. Kennedy. 

Q. Why, then, in your opinion, after 
considering the varieties of the two rifles 
and the choice ultimately settling on this 
30-06, why was petitioner instructed to buy 
this caliber rifle? 

A. Based on the entirety of the record 
and the entirety of the circumstances of the 
case, it was my belief that it was so there 
could be a number of common-caliber weapons 
that might have been on the scene of the 



killing. 



WEATHEREORD 




Q. That would have had the same 
caliber — produced the same caliber bullet? 

A. Same caliber bullet. If the test for 
ballistic comparison purposes were run as 
they were by the FBI, that is, firing the 
sample projectiles into cotton waste so that 
you could not get more striations on them so 
you could compare the bullets with what was 
taken from Dr. King's body, you would have 
about sixteen or so million weapons that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

725 

could have been the one that fired this 
bullet. 

I think Remmington ultimately made 
right now somewhere around eight or nine 
million of these using the same barrel 
machinery, either with this permutation of 
the 760 Gamemaster, the 740 semiauto or the 
Model 700 bolt-action series. 

Q. Moving on to the scope, you were 
about to tell us about what you concluded 




with respect to the scope. 

A. It is interesting in that the 
proprietor of the shop never did what they 
call polarimated this scope. You can't just 
take a new rifle with a scope mount on it, 
put some rings on it and then put a scope on 
it and expect to hit anything. You've got to 
zero the thing. That is not very neat. 

There is a device called a 
polarimeter, which looks like a small 
telescope, that has a little spindle that 
will fit down in the muzzle of this weapon. 

Usually when you get a polarimater, they give 
you a number of spindles that will fit most 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

726 

common calibers. 

You put that spindle-mounted 
polarimater into the muzzle, you line it up. 

There are some crosshairs on it. You take 
these scaps right here of the scope and 
you'll see in here a slot. What you do is 




you move these screws or these devices around 
using a coin until you get the crosshairs on 
the scope matching the crosshairs on the 
polarimater. 

There is another alternative method 
that you can use with a bolt action, which is 
to take the bolt out, and the receiver will 
be open. You lay this rifle on a sandbag and 
you aim down the barrel itself at some item 
about a hundred yards away, a small circular 
item, and you try to align it in the middle 
of the bore with the same amount of the bore 
showing around this item. Then you 
manipulate the adjustment knobs on the scope 
to align the crosshairs with the item one 
hundred yards away, and you keep looking back 
and forth. 

As you can see with this rifle, it 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

727 

has got a closed receiver, so you cannot 



bore-sight this using that particular 




method. You'd have to polarimate it. 

It has been my experience over the 
last thirty years firing I don't know how 
many hundreds of rifles that even when do you 
get it polarimated or you bore a sight, right 
after, when you take it out to the range to 
finalize your sight-in process and you put up 
a target at about twenty-five yards distance, 
that I would say would be about the size of 
one of these picture frames on the wall, you 
might be lucky to get it in at the bottom 
left-hand comer at twenty-five yards. Then 
you'd have to dial in sixty clicks up, sixty 
clicks to the right or left to get it close 
on and then back out to a hundred yards and 
then try to sight the thing in further, and 
by a slow process make it so that the bullet 
impacts where your crosshairs are located. 
Now, usually what you do on a 
.30-caliber weapon, if you are a hunter or 
somebody else, you try and get the typical 
bullet impact approximately two inches, maybe 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



728 

an inch and be a half or two inches, above 
point of aim. That would put your rifle dead 
on at two hundred yards, maybe two fifty 
actually, two hundred fifty yards. 

That would mean if you fired at a 
target with the weapon cited in like that at 
twenty-five yards, you'd hit with a scope 
like this on it about three quarters of an 
inch to an inch below the target. At about 
fifty yards you would start crossing over 
that target line. At about sixty-five to 
seventy you would hit right on. 

At one hundred yards you'd be about 
an inch and a half, inch point nine, maybe 
two inches high. You'd be slightly over that 
at two hundred yards. And at two hundred 
fifty you'd be dead on. And at three hundred 
you might be six or seven inches low. 

So you would have to sight this 
thing in. It does not appear that this 



weapon was ever sighted in. 




Now, there was also an FBI report in 
the record that talked about this weapon 
having been test-fired shortly after it was 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

729 

taken into evidence. And that report 
revealed that it shot several feet to one 
side at a hundred yards and slightly half 
that low. So this does not appear to have 
been a sighted-in weapon. 

Now, it is possible that it could 
have been knocked out of zero, but this rifle 
is not one for that to be something that was 
as likely as it would be with other weapons. 

You will note that it has got a 
two-piece stock. This stock really is not 
firmly affixed to the barrel. There is a 
rod, an operating rod, upon which this slide 
is affixed. That keeps it from having any 
impact on the barrel at all. This barrel is 
fixed tight with the receiver. You simply 
have a butt stock here which keeps this thing 




from occurring like your typical bolt action 
where there is wood that goes all the way up 
the receiver and up along the barrel which 
tends to warp one way or the other depending 
upon the temperature and humidity. 

So this rifle probably would not 

have gotten much out of zero, and what I call 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

730 

out of zero is maybe an inch or so one way or 
the other. If you get real finicky, you make 
sure you get it right back on. 

So this weapon, if it was in the 
condition it was in three some days, four 
some days after it was taken into evidence, 
literally could not have hit the broadside of 
a barn if somebody was shooting with it at a 
target. 

That brings up some other 
circumstances if you want me to go into it 
about what I was observing about the target 



conditions themselves. 




Q. Yes, I'd like like you to briefly 
summarize that. Let me also understand what 
you have told us now. Based upon your review 
of the — 

A. You want me to say it simply? In 
other words, you buy one of these, put a 
scope sight on it, you've got to sight it 
in. It takes a bit of doing. It takes a 
little help with some mechanical devices on 
the front end. That was not done with this 
weapon. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

731 

It does not appear that this weapon 
was sighted in. And when it was recovered 
and first taken into evidence, it would not 
hit what it was shooting at. It would hit 
several feet to either right or left. I 
think it was four feet one way and two feet 
down. 

Q. Yes. That is what the EBI report 



indicates? 




A. That's right. Anyway — 

Q. Could that rifle scope have been 

thrown out that amount had it been dropped on 

a sidewalk? 

A. That amount, no. I had one of these 
very scopes, fell out of a tree and landed on 
the bloody thing. Damn near broke my leg. 

But I could carry on with the hunt. 

Q. The scope was intact? 

A. Scope was intact. Rugged scope. 

That's why they sold a lot of them, the 
Redfield two to seven variable. One of the 
earlier variables, but a pretty good one. 

Q. Let me just ask you: Moving on, 
based upon all this analysis and review of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

732 

this rifle, the testing information, the 
documentation, is it your opinion that this 
weapon was the murder weapon that killed 
Martin Euther King, Jr.? 



A. Well, I've not discussed the further 




ballistics tests I ordered and the result. 



But based on the entirety of the record and 
the further ballistics tests I had run on 
this rifle, it is my opinion this is not the 
muder weapon. 

Q. Could you just summarize for us the 
basis of that opinion? 

A. Okay. The basis of that opinion 
would be run based on the subsequent 
ballistics analysis that was done with this 
weapon using scanning electron microscopy to 
analyze the sample bullet and compare it with 
the slug removed from Dr. King, the 
circumstances attendant upon the lack of 
similar batch status of the bullets from the 
rest the cartridges, this weapon itself in 
terms of it not being sighted in and also a 
description of the shooting itself in terms 
of what supposedly transpired that makes this 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

733 



a rather unique weapon. 




Now, if you would like, I'll talk 
about the ballistics test that I got the 
results of. 

Q. Yes, please. Go on. 

A. Okay. What ultimately happened is I 
ordered this rifle thoroughly cleaned for 
this reason: It is a new weapon. The bore 
has not been shot in. It has not been broken 
in. The bores of rifles need to be broken in 
just like your car needs to be broken in. 

They are still rough. 

Remmington was not the worst at 
that, but in 1968, 1967, 1966, the firearms 
companies were switching over from a lot of 
hand labor to machine-manufacturing processes 
that had not been perfected. There was a big 
hue and cry in the whole gun world about the 
defects that you often found with new 
products. I know I had to send one back 
every four or fifth time I got a hunting 
rifle. There was a flaw in it that had to be 
sent back for correction. 



In any event, I ordered this weapon 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

734 

cleaned, because even though it had — you 
can look through it right now. It looks like 
you've got a shiny bore. If you look under 
it — at it under certain light conditions, 
this whole bore is smeared with jacket 
powder. Basically a bullet fired in a 
hunting weapon has a lead core. It has a 
gilding metal jacket or a bronze jacket, and 
there is coating over the top of that. 

When you fire it down this bore with 
the high heat of the combustion process and 
the higher pressure and the velocity, it 
leaves trace elements of that jacket all down 
the barrel. The more of the barrel that is 
broken in and the smoother it gets, the less 
it leaves. 

When I inspected this weapon 
initially, the bore impressed me as quite 
filfthy. I used a bore sight. It is a 



little device with a light in it. You can 




look through this thing. It is absolutely 
filfthy. 

In any event, I ordered it cleaned. 

They apparently did not clean it more than to 
DANIEL, DILLINGER, DOMINSKI, RICH! 
(901)529-1999 
735 

run a patch down one or twice through it. I 
had given as a suggestion that they use 
something known as a file out, which is a 
device made by a company known as Outers, 
that is nonintrusive. 

You fill this barrel with a 
chemical. You put a plug in it, an electrode 
in it, hook the barrel up to the other 
electrode and you leave it for twenty-four 
hours and it works a reverse-plating process 
and you get all the filings stripped out of 
this barrel and it adheres to the electrode. 

So you would have a pristinely-clean 
weapon in twenty-four hours. They chose not 
to do that but to simply run a patch through 
it for a number of reasons, which through 



, WEATHEREORD 




mistake — which was going against their 
mistaken understanding of my order — they 
thought I order them not to clean it. 

But in any event, they fired 
eighteen bullets from this weapon into a 
water tank. Twelve of those bullets, that 
is, sixty-six point three four or seven five 
or sixty-seven percent, showed a similar 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

736 

characteristic that was a very unusual 
characteristic. 

What usually happens when you take a 
bullet and you fire it down a rifle barrel is 
that the actual diameter of the bullet, that 
is, the .308 in this case, would match the 
bore diameter. But when you have the bore, 
there are some lands, some ribs that stick 
down. Those ribs would engrave the bullet. 

They would press markings into the bullet. 

What was unusual about the 



characteristic of the projectiles that were 




fired out of this weapon is that there was a 
defect somewhere in this barrel that caused 
the bullet not to be pressed down but to come 
up into this particular flaw. So what you 
did is instead of a rounding, say one of 
these styrofoam coffee cups, with grooves 
that had been indented in that, imagine, if 
you can, that there would be a bump that 
would be sticking up on the surface. 

So that is very unusual and 

indicated that there was some shattering in 

the tool that was used to make this barrel. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

737 

It very seldom happens. It is very rare. 

But it was present on these bullets. 

Now, because this weapon was not 
cleaned, what happened was that the filing 
material was being blown out of this flaw. 

So one of these bullets would have a gross 
reflection of this flaw. The next shot 



through it would be somewhat less impressed 




because of the filing that had filled up this 
defect. The third one would have even less 
of an impression. Then the filing would get 
blown out. The next bullets through would 
not show it to a gross extent. 

So you've got twelve bullets with 

the same common characteristic, that is, this 

raised area on the surface of the bullet. 

There was not — that was not found on the 
corresponding portion of the bullet removed 
from Dr. King. 

Now, using scanning electron 
microscopy, you can get a much more clear 
view of what you are looking at than the 
traditional method. One of the problems with 
the so-called experts that were called in on 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

738 

this is none of them were really expert in 
much of anything concerning firearms other 
than simply looking at one bullet, comparing 
it with another bullet, in a microscopic 




setting. 

None of them had any experience in 
scanning electron microscopy, none of them 
had any significant experience in actually 
shooting or using a rifle or anything other 
than what they did in the laboratory. 

None of them had ever cleaned a 
rifle other than I believe the testimony was 
that when they found one clogged with mud or 
dirt or debris, they would run a rod through 
just to get that out so they didn't destruct 
the weapon. 

In any event, this characteristic 
was common. Sixty-seven percent of the 
bullets showed it. I ordered the weapon be 
be retested once this cleaning was done. The 
nature of the defect was such that it would 
be expected that one hundred percent of the 
rounds fired would show this defect. 

If I can give that to you in lay 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



739 




terms, it is like this: You are sixty-seven 
years old, seventy-four years, you are having 
trouble urinating. You go to the doctor. He 
says, I think you need to go see a 
proctologist. I'm noting a very hard area in 
your - hard something in your prostate 
area. The proctologist says, okay, fine, we 
need to run some tests. Every test they run 
is saying, okay, you've got prostate cancer. 
That's where we are with this rifle 
here. The next step would have simply been a 
confirmation of everything that had gone 
before. But this does not appear to be the 
rifle that was used to kill Dr. King. 

There is another thing about that 
that is unusual, too: The testimony that the 
barrel of this rifle was rested across a hard 
wood window sill, that the gunman, using one 
foot to prop himself up, holding on and using 
another arm to hold the weapon, he supposedly 
rested this barrel on this window sill and 
pulled the trigger. 



Well, there is an unusual thing 




about this one. Being a slide-action, if you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

740 

do that, nine times out of ten the slide is 
going to cycle itself before the pressure is 
dropped in the barrel, and what you'll get is 
a blown-up or ruptured shell casing, which 
will be quite exciting when it happens. 

So this rifle fortuitously is 

incapable of being used as they indicated in 

the proof that was in the record. 

So we've got, one, non-similar lots 
of components, two, we've got a rifle that 
has never been cited in, three, we've got a 
usage suggested for that that is impossible 
for this particular type of weapon, and then 
in addition, when we run the more advanced 
ballistic comparison tests, none of that 
matches up. 

Q. Judge, after all of that analysis, 

you had come to order retesting under very 



strict guidelines? 




A. Very strict. 



Q. The cleaning and the retesting. That 
was about to go forward. What happened? 

A. Well, they removed me from the case. 

They said I was biased towards James Earl 
DANIEL, DILLINGER, DOMINSKI, RICHBEl 
(901)529-1999 
741 

Ray, which found rather astonishing. If 
anybody knows me, me being biased in favor of 
a self-avowed racist and bigot is absolutely 
disgusting as a concept. 

What I've always tried to do is be 
fair and impartial and neutral and detached 
straight down the middle, and sometimes I 
know that upsets people when things don't go 
as they expect them to go. 

Q. So you were removed from the case by 
whom? 

A. The Tennessee Court of Criminal 
Appeals. It is interesting that was done 
before a full transcript was developed. I 
must say this: That during the course of 



WEATHEREORD 




these procedings, whenever the prosecution 
didn't like what I was doing, they would run 
up and file affidavits, which in my personal 
opinion misrepresented the state of the 
evidence, and they would go up there to get 
an emergency stay before a transcript was 
prepared. 

Now, one thing that struck me as 
quite unusual is one of the affidavits they 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

742 

filed in this particular case, which was, 
quote, the weapon should not be tested 
because if it is tested, it may be damaged, 
which would prevent it from being tested in 
the future, unquote. 

Q. Judge, would you explain to the jury 
how firing that caliber weapon might generate 
what appears to onlookers to be smoke rising 
from a brush area? 

A. It is my saying you do not get smoke 
from smokeless power, but when you have a 




high-intensity cartridge like a 30-06, you 
don't, but what you might find is the 
following: The compression may cause a 
condensation of water, which is a phenomenon 
that I've observed from time to time hunting 
or shooting, or, two, you may kick up fine 
dust in the area immediately in front of the 
rifle, or, three, because this rifle slug may 
be moving close to the speed of sound, the 
shock waive from the bullet passing a bush or 
some foliage that has dust on it will cause 
it to rise and it will look to the onlooker 
like smoke. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

743 

Now, there is another thing about 
this rifle that is of significance. It goes 
back to what you asked me in terms of my 
opinion about why the .30-caliber weapon. 

Not only could you use a number of civilian 
weapons, but if somebody were analyze the 
basal characteristics of a slug taken from 




Dr. King and this weapon with what the FBI 
did, you could not tell whether that weapon 
came out of an M-14, a M-21, an M-24 or the 
Remmington 700 military sniper weapon that 
they had at the time, nor could you tell if 
it came out of that. 

One of the things that they did not 
do is attempt to analyze the twist of the 
projectile that was recovered which might 
have been helpful. But in any event, what 
you have is a situation where let's say you 
have one, two, three, four or five people who 
have been for one reason or the other 
convinced that they were doing something 
worthwhile, they could have all been out 
there attempting to carry out their own 
little particular portion in some perceived 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

744 

assassination. Meanwhile, other people could 
have been involved, and if any of those 
people had been out there, then each of the 




•30-caliber weapons they possessed eould 
have been tied into the ease just like this 
one was. 

Q. That fatal shot eould have been fired 
from any number of .30-ealiber weapons? 

A. Any number of .30-ealiber weapons, 
military or eivilian. Let's put it this 
way: As a professional involved in the 
eriminal justiee system for a very long time, 
as a proseeutor, publie defender, defense 
lawyer handling murders, robberies, very 
serious erimes, this had to be one of the 
most inept and ineapable, if not downright 
ineompetent investigations. I've ever seen in 
my life. 

It would it would have struck me 
that if they had really wanted to analyze 
bullets fired out of this rifle, they would 
have fired them into water, not eotton 
waste. It would have struek me that they 
would have done a more intense analysis of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




745 



what you have over there. 

Now, you've got a base of that 
bullet that is completely intact, and it is 
quite subject to even ordinary ballistic 
analysis for striations. They did not do 
that. 

Q. Judge, on that tack, the FBI reports 
indicated that the death slug was too badly 
deformed for them to do that kind of 
analysis? 

A. That's not a badly-deformed slug. 

What you have here is an intact base. That 
is what you need. What has gone on here is 
that most of what is in this record is 
something that you would accept on trust. 
Ballistics is an arcane subject. 

The FBI is supposed to know everything there 
is about the subject. In 1996 the FBI was 
trusted. The FBI said in our professional 
opinion this is not capable of being 
analyzed. They didn't do anything on, 
absolutely nothing at all, except the worst 




things you could do if you wanted to develop 
some test results. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

746 

Judge Preston Battle looked at what 
they supplied, and even back in 1968 he was 
not satisfied with these tests, and ordered 
that they be redone. So from 1968 up until 
James Earl Ray died, there was a resistance 
on the part of local authorities to keep this 
weapon from being retested. 

The first judge ordered it. I 
ordered it. When it was tested, sixty-seven 
percent of the bullets were found to not 
match that murder slug. 

MR. PEPPER: Judge Brown, thank 
you very much. 

THE WITNESS: You are welcome. 

MR. GARRISON: I have no 
questions of Judge Brown. 

THE COURT: Thank you. Judge. 

THE WITNESS: Thank you. Judge. 




(Witness excused.) 



(Jury out.) 

(The proceedings were adjourned 
at 4:35 p.m.) 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 




747 



THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE 
THIRTIETH JUDICIAL DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, MARTIN 
LUTHER KING, III, BERNICE KING, 

DEXTER SCOTT KING and YOLANDA KING, 
Plaintiffs, 

Vs. Case No. 97242-4 T.D. 

LOYD JOWERS and OTHER UNKNOWN 
CO-CONSPIRATORS, 

Defendants. 



BE IT REMEMBERED that the 
above-captioned cause came on for Trial on 
this, the 23rd day of November, 1999, in the 
above Court, before the Honorable James E. 
Swearengen, Judge presiding, when and where 
the following proceedings were had, to wit: 
VOLUME VI 

DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER & WEATHERFORD 



COURT REPORTERS 




22nd Floor, One Commerce Square 
Memphis, Tennessee 38103 
(901)529-1999 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

748 

- APPEARANCES - 
Eor the Plaintiffs: 

MR. WILLIAM PEPPER 
Attorney at Law 

575 Madison Avenue, Suite 1006 
New York, New York 10022 
(212) 605-0515 
Eor the Defendant: 

MR. LEWIS K. GARRISON, Sr. 

Attorney at Law 

100 North Main Street, Suite 1025 
Memphis, Tennessee 38103 
(901) 527-6445 
Reported by: 

MS. MARGIE J. ROUTHEAUX 
Registered Professional Reporter 



Daniel, Dillinger, Dominski, 




Richberger & Weatherford 
2200 One Commerce Square 
Memphis, Tennessee 38103 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

749 

- INDEX - 

WITNESS: PAGE/LINE NUMBER 
JERRY ERANCISCO 
DIRECT EXAMINATION 



BY MR. PEPPER: 751/16 

CROSS-EXAMINATION 

BY MR. GARRISON: 768/09 

JOHN BILLINGS 



DIRECT EXAMINATION 



BY MR. PEPPER: 773/15 

CROSS-EXAMINATION 

BY MR. GARRISON: 819/04 

ROYCE WILBURN 



DIRECT EXAMINATION 

BY MR. PEPPER: 821/03 

CROSS-EXAMINATION 



BY MR. GARRISON: 



829/23 




SIDNEY J. CARTHEW (By video) 



DIRECT EXAMINATION 

BY MR. PEPPER: 835/12 

JOE B. HODGES 
DIRECT EXAMINATION 

BY MR. PEPPER: 858/17 

CROSS-EXAMINATION 

BY MR. GARRISON: 879/25 

REDIRECT EXAMINATION 
BY MR. PEPPER: 883/17 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

750 

- INDEX CONTINUED - 
JAMES W. SMITH 
DIRECT EXAMINATION 

BY MR. PEPPER: 888/25 

BARBARA REIS 
DIRECT EXAMINATION 



BY MR. PEPPER: 905/19 

CROSS-EXAMINATION 

BY MR. GARRISON: 915/07 



TRIAE EXHIBITS PAGE 




6 



761 



7 773 

8 803 

9 808 

10 827 

11 829 

12 857 

13 888 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

751 

PROCEEDINGS 

THE COURT: Are we ready for the 

jury? 

MR. PEPPER: Ready, Your Honor. 

(Jury enters. ) 

THE COURT: Good morning. We 
are we ready to resume the trial, I think. 

Mr. Pepper, call your next witness. 

MR. PEPPER: Thank you. Your 
Honor. Plaintiffs call Dr. Jerry Erancisco 
to the stand. 



DR. JERRY T. ERANCISCO, 




Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Dr. Erancisco. 

A. Good morning. 

Q. Thank you very much for joining us 
this morning. Eor the record, please, would 
you state your full name and address. 

A. Jerry Thomas Erancisco, Memphis, 

Tennessee. 

Q. And what do you presently do. 

Dr. Erancisco? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

752 

A. As little as possible. I'm retired. 

Q. And what was your previous 
employment? 

A. I was professor of pathology at the 
University of Tennessee, County Medical 
Examiner for Shelby County. 

Q. And what position did you hold in 




April of 1968? 



A. I was essentially in the same 
position — in pathology at the University of 
Tennessee and county medical examiner for 
Shelby County. 

Q. Would you tell us roughly, prior to 
April 4, 1968, how many autopsies had you 
performed? 

A. I have no idea of the precise number, 
but it would be measured in thousands. 

Q. Would many of those have been 
caused — those deaths have been caused by 
homicide? 

A. Yes. 

Q. And would many of those homicide 
deaths have been caused by gunshot wounds? 

A. Yes. 

Q. And would a number of those gunshot 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

753 

wounds have been rifle shots? 



A. Well, the rifle is an unusual weapon. 




and it's an uncommon form of gunshot — at 
least in civilian practice. 

Q. All right. But did you have previous 
experience with respect to deaths caused by 
rifle wounds? 

A. Yes. 

Q. When were you first notified of the 
death of Martin Luther — well, the shooting 
of Martin Luther King, Jr.? 

A. It was probably from the — from the 
media. 

Q. You heard it on the media? 

A. That's correct. 

Q. Do you recall was that shortly after 
the event? 

A. Yes. 

Q. And what did you do when you heard 
about the shooting? 

A. Well, the shooting occurred on a 
Thursday night. And Thursday night in the 
Department of Pathology is a traditional time 
in which the faculty gather to have what we 
call a conference. It was called the 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

754 

Thursday night conference in common 
parlance. 

And several members would usually 
get together to have dinner prior to the 
conference which started at 7 o'clock. A 
friend of mine — we were having dinner at 
what was then the faculty club when we heard 
the news that Dr. King had been shot. And we 
came to the Institute of Pathology at about 
6:45, 7 o'clock, knowing that he was dead, 
and proceeded to do the things that needed to 
be done. 

The conference was cancelled. The 
members left with the admonition if I needed 
help to give them a call and they would be 
glad to assist. 

Q. Did you eventually perform the 
autopsy on Martin Luther King, Jr.? 

A. I did. 



Q. Do you recall the date that you 




performed that autopsy? 

A. No. It was the day he died. 

Q. Dr. Francisco, let me provide you 
with a copy of this autopsy report just to 
assist in the refreshing of your 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

755 

recollection. 

A. All right. 

Q. Okay. Do you see the date of that 
report? 

A. Yes. 

Q. When then was the autopsy performed? 

A. April the 4th, 1968. 

Q. And your report was dated April 11, 

1968? 

A. Well, the finalization of this report 
was April the 11th, 1968. 

Q. Had any work begun on the autopsy 
before you arrived, or were you there right 
at the beginning and supervised the entire 



procedure? 




A. The latter. The autopsy does not 



start until the pathologist arrives. 

Q. Were there any assistants present at 
the time? 

A. Yes. 

Q. Do you recall who they were, 

Dr. Francisco? 

A. No. 

Q. That's understandable. It's a long 
time ago. Were there any other persons 

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observing the autopsy that you recall? 

A. Well, they were not really 
observing. There was a law enforcement 
officer inside the autopsy suite with a shot 
gun, a law enforcement officer outside the 
autopsy suite with a shotgun. But as far as 
observing the autopsy, no, they were not. 

That's not their business. That's not their 
purpose. That's not their mission in life. 

They played no active role in the autopsy. 




Q. Did you employ the standard 
procedures for the performance of this 
autopsy? 

A. Yes. 

Q. Are procedures — do procedures 
vary? Are they different in terms of a rifle 
wound as opposed to any other type of 
gunshot wound? 

A. No. There's much — there's as much 
standardization of an autopsy as there is in 
trying a case. There's certain overarching 
principles that are applied. But in the 
detail, there are significant changes and 
variations that are professional judgements 
that each pathologist makes during his 

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autopsy. 

Q. That's very helpful if you would 
continue to explain these procedures to the 
jury. We're calling you, of course, out of 
turn. You were originally slated to be a 




background witness so that the jury can be 
aware of the procedure and the cause of death 
and the nature of the wound and so forth. 

So it's very helpful that you will address 
the jury on these matters. 

Did you dictate the — your 
observations as you performed the autopsy? 

A. I think so, yes. 

Q. And those would have been reflected 
in your final report? 

A. That's correct. 

Q. Could you describe for the jury the 
condition of the body when you observed it at 
the beginning as you recall? 

A. I don't understand the question. 

Q. Well, can you describe the — 
basically can you describe the condition of 
the body that you were about to perform the 
autopsy on. What did you observe in terms of 
the wound that had been inflicted? 

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A. Well, it was a gunshot wound to the 
jaw which had been surgically altered at the 
emergency room in an attempt to stop the 
bleeding. Is that what you had in mind? 

Q. Yes, that's right. And that was 
the — that was the entry wound? 

A. That's correct. 

Q. Did you notice an exit wound? 

A. There was no exit wound. The bullet 
was retained within the body. 

Q. To the best of your recollection and 
your knowledge at this point, was that entry 
wound a single wound? 

A. In contrast to a double wound? 

Q. In contrast to multiple wounds, yes. 

A. Yes, it was a single wound, right. 

Q. And where was the — to the best, 
again, of your recollection, where was the 
fatal bullet lodged in the body? 

A. It was beneath the skin in the back 
on the left side. 

Q. Inside the circle there is a shaded 
raised area. Do you recognize that as the 




lodging — the place where the bullet lodged 
as you've described it? 

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A. It could be. I can't orient myself 
with that photograph. 

Q. But that could be? 

A. Well, I don't know what the 
photograph is. I have no idea. I didn't 
take it. 

Q. The photograph is a photograph of the 
body of Martin Luther King on the autopsy 
table. And that's the lower left shoulder 
blade. 

A. Could you turn the photograph around, 
please. One more turn. Yes, sir, that is 
the correct orientation of the photograph, 
and that is a photograph that could be the 
location of the bullet beneath the .skin. 

Q. That is the bullet that could be the 
bullet beneath the skin that you have 



described? 




A. That's correct. 



Q. In the course of your performing this 
autopsy, were you able to determine the path 
of that bullet from entry to the final point 
of lodging? 

A. Yes. 

Q. Could you describe the path of that 

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bullet for us, please. 

A. Eront to back, above, downward, right 
to left. 

Q. Were you able to determine if any — 
what — in the path of the bullet if it hit 
any interior organs of the deceased's body? 

A. Yes. 

Q. Would you describe those for us. 

A. The right mandible, or jaw bone, the 
right vertebral artery which is the artery 
running from the arch of the aorta up into 
the head, the spine, T1 and Cl, the spinal 
cord, upper cervical - lower cervical, upper 




thoracic, the submucosal hemorrhage to the 
voice box, the larynx. This is the force of 
the bullet passing through. The force around 
the bullet path damaged the larynx, and there 
was a bruise or hematoma to the upper right 
lobe. 

Again, this was the force of the 
bullet. There are circumferential forces 
around the path of a bullet that will bruise 
or damage organs not actually hit by the 
bullet but in juxtaposition to this bullet 
path. 

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Q. Thank you. And what time did you 
determine was the time of — the actual time 
of death? 

A. The autopsy does not determine the 
time of death. The time of death in most 
cases is determined by the time a person is 
pronounced. And that's a historical fact. 

The autopsy does not, independent of this 




historical fact, elaborate and determine a 



time of death. The intimation that we had 
was some time in the p.m., in the 
neighborhood of 4, 5, 6, 7 p.m. 

Q. While he was — if he was shot at 
6:01, presuming that the time of death would 
have been some time after that, between 6 and 
7 p.m. 

A. Again, those are historical facts. 

And the time of death is determined by the 
historical facts, not by autopsy procedures. 

MR. PEPPER: Plaintiffs move to 
enter the autopsy report. 

(Whereupon said document was 
marked as Trial Exhibit Number 6.) 

Q. (BY MR. PEPPER) Dr. Erancisco, didn't 
you trace the path of the bullet in the 

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body? Did you actually conduct a tracing 
procedure with respect to the path of this 



bullet? 




A. Yes. 



Q. And it is as — and how did you — 
how did you actually conduct that tracing 
procedure? 

A. By looking. It was not difficult to 
see what the bullet had passed through in its 
passage through the body with the autopsy 
techniques because the organs are removed, 
the vital structures are removed. It's not 
difficult to see what the path of the bullet 
was. It's a relatively short path. The 
entry point was clearly visualized. 

The terminal point was clearly 
visualized. And the bullet generally travels 
in straight lines through the body. There 
are very unusual circumstances in which the 
bullet goes in something other than straight 
lines. But bullets do not go zig, zag, zig, 
zag. They just don't do that. That's not 
the way bullets travel in bodies. 

Q. Unless they're deflected. As you 
said, unless they're deflected by — 



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A. Well, bullets are hard to deflect. 

If the bullet velocity is low enough that a 
body part can deflect it, generally the 
bullet stops. There are rare 
circumstances — for instance, there are 
circumstances in which the bullet enters the 
skull and because of low velocity of the 
bullet, it will travel along the inner path 
of the skull coming around to this side. 

But bullets do not entire here and 

go over the top of the skull and come out on 

this side. They just don't do it like that. 

Science fiction notwithstanding, they just 
don't do it that way. 

Q. Thank you. Did there come a time. 

Dr. Francisco, in 1969 when you were asked to 
testify before a guilty plea proceeding 
presided over by the Criminal Court of Shelby 
County? 

A. Yes. 

Q. And was that proceeding held on the 




10th of March, 1969? 



A. I presume so. Again, I don't have 
records of that date and time. But at 
whatever time the records reflect, there was 

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testimony in the criminal courts of Shelby 
County to the guilty plea of James Earl Ray, 
and it was necessary to establish cause of 
death by testimony. 

Q. Dr. Erancisco, let me pass to you 
for — again, for refreshing your 
recollection, the relevant pages of your 
testimony before the guilty plea proceeding. 

A. All right. 

Q. It begins on Page 30, and you're 
subject to direct examination by Mr. Duire. 

A. I'm sorry. Was that a question? 

Q. No, it's a statement. Now, moving on 
to Page 32 — if you would move to Page 32, 
after discussion of the cause of injury, how 
death occurred, you were asked: "Did you 




recover anything from the body, 

Dr. Francisco?" And your answer? 

A. "Yes." 

Q. The question was: "I'm going to show 
you an object and ask you if you can 
identify" — "and ask you if you can identify 
those, Dr. Francisco." Your answer was — 

A. "Yes." 

Q. "And what is that, please." And then 

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you were shown, I believe — do you recall 
this photograph of bullet fragments that you 
were shown? 

A. I've seen that photograph more than 
once. Do you have the bullet? 

Q. We don't — we don't have the bullet 
in this courtroom. But do you recognize that 
as a depiction of what they showed you on 
that day? 

A. Well, that certainly could be, yes. 

That's the jacket and the two pieces of lead 




that were present in that bullet. So they 
certainly could be the bullet that I was 
shown. However, there is a marking on the 
jacket that is the autopsy number that 
defines the jacket as the jacket that I 
removed. And I cannot see that from this 
photograph. 

Q. But the question was at that time — 
if this is a correct depiction — this is the 
bullet that was removed from the body at the 
time of autopsy. And you answered — you 
answered: "This is the bullet that was 
removed from the body at the time of 
autopsy." 

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A. Let me make something very clear. 

This photograph is not necessarily the 
photograph of the bullet that was shown to me 
during this testimony. What was shown to me 
during this testimony was the bullet that I 



removed. And I looked at that bullet, and I 




said, yes, this is the bullet I removed. 

I don't know anything about this 
photograph. But I do know that during this 
testimony the bullet that was shown to me was 
the bullet I removed. 

Q. Dr. Francisco, could you describe the 
bullet that you removed from Dr. King's 
body. 

A. It was a bullet with a jacket and 
with lead. 

Q. Was it intact? 

A. It was damaged. A jacketed bullet, 
in which the jacket has been peeled back, is 
a damaged bullet in which the lead that's on 
the inside is loose and can come out very 
easily, very readily — 

Q. Dr. Francisco — 

A. — as it did in this case. 

Q. Was the bullet that you removed from 

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Dr. King's body one piece, an intact bullet? 




A. What I removed from Dr. King was a 
bullet that was intact at the time I removed 
it. However, there were two pieces of lead. 
One that was very daintily attached to the 
other because of its damaging and, therefore, 
any kind of handling, moving or examination, 
these two pieces of lead could come detached 
from one another. The lead that was still 
inside the jacket can come loose at any time 
and, therefore, representing three pieces at 
some later time because it's been altered in 
the examination process, just the handling 
process. 

Q. How could you — how did you identify 
the fragments that were shown to you though 
as the bullet that you removed? 

A. Because it had the same topography, 
configuration, color, shape, of a photograph 
I made of that bullet at the time I removed 
it from the autopsy. It also had my autopsy 
number scratched on the base of the jacket, 
which is the most vital part of bullet, the 



numbers 252. 




Q. So you have no question then that the 

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bullet you were shown at the time of the 
guilty plea hearing was the bullet that you 
took from Dr. King's body even though it was 
in different pieces? 

A. No question whatsoever. 

MR. PEPPER: Thank you, Your 
Honor. Nothing further. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Dr. Erancisco, we have talked about 
the wound. Was it a — what you would 
classify as a large wound - the entry wound, 
was it a large wound? 

A. It had been enlarged by surgery. It 
was not particularly large in terms of what 
wounds — what bullet wounds can cause. But 
it had been enlarged by surgery. It 
certainly was a lethal one. 

Q. Did you do anything to probe the 




wound? Insert anything to trace the path of 
it? 

A. No. You don't — you don't probe 
wounds for determining the path. That has a 
tendency to alter the wound. And probes are 
not something you do if you're going to do an 

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autopsy. 

Q. Which side of the jaw was it that — 
it's your understanding it would have been 
his right side? 

A. To the right side. 

Q. Just under the jaw bone? 

A. Well, it was just adjacent to the 
angle of the mouth. It was present, as I'm 
pointing right here, just to the angle of the 
right side of the mouth. 

Q. Dr. Erancisco, I know you've 
performed thousands of autopsies. And are 
you familiar with calibers of weapons and a 



bullet that comes from a certain caliber? 




A. In a general sense. The caliber 



refers to the cross-sectional diameter of the 
bullet. A .7 millimeter bullet is 7 
millimeters in cross-sectional diameter. A 
.22 caliber bullet is 22 one-hundredths of an 
inch in cross-sectional diameter. I'm 
fa mi liar in that sense, yes. 

Q. Would this bullet have been a bullet 
that would have been fired from or shot from 
a weapon — a rifle or a 30 aught 6? 

A. Could have been. 

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Q. Was it conformed to that size? 

A. Approximately that size, yes. 

Q. And was this bullet an expanding type 
bullet where it — or could you determine? 

You said it was damaged. 

A. Well, this is a partial jacketed 
bullet. And the whole purpose of a partial 
jacket is that it expands as it strikes a 
hard object and, therefore, mushrooms and 




produces a larger surface after it strikes 
than before it strikes. 

Q. Now, Dr. Francisco, you were asked by 
the district attorney to visit the scene of 
where this supposedly occurred. Am I 
correct, sir? 

A. That's correct. 

Q. And did you — did you visit the 
scene in the so-called rooming house where 
you were upstairs in a bathroom and also down 
in the lower area where there was — up over 
Mulberry Street but yet it was raised where 
there were some bushes, I think, that had 
been cut? Did you visit both of those 
scenes? 

A. I did. 

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Q. And did you also visit the balcony 
where Dr. King was supposed to be standing? 

A. I did. 



Q. And were you told as to what position 




he was supposed to be in at the time of the 
wound — the shot? 

A. Well, there was a photograph. There 
was a photograph made of his position just 
before the shot was fired. So from the 
photograph I had seen what position it was. 

Q. All right, sir. And did you 
determine or form any opinion as to what type 
of path this projectile took from the weapon 
it was fired from? 

A. Yes. 

Q. Okay. And what type of path did it 
seem — appear to you that it took from the 
time it was fired from the weapon? 

A. It appeared to be in a downward 
path. 

Q. All right. Based upon your visiting 
the scene and the wooded area and the 
bathroom window and your observation of the 
wound and examining of the body, which 
location did you testify that it appeared to 

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you that the shot came from? 

A. Well, the shot could not have come 
from the base of the building. You couldn't 
see Dr. King from the base of the building 
because the land was up. You would have to 
be up closer to the ridge itself to be able 
to see Dr. King in that location. From the 
bathroom window you could see the body, and 
it was quite consistent with having been 
fired from that bathroom window. 

Q. When you visited the scene. 

Dr. Francisco, there were some trees — I 
think what have been referred to as trees or 
bushes. Had they been cut at that time? 

A. Yes, they had. 

MR. GARRISON: That's all I 
have. Thank you. 

THE COURT: Anything further, 

Mr. Pepper? 

MR. PEPPER: I have nothing 
further. Judge. 



THE COURT: All right. Doctor, 




you may stand down. Thank you, sir. 

(Witness excused.) 

MR. PEPPER: We move to admit 

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the guilty plea proceeding testimony of 
Dr. Erancisco. 

THE COURT: All right. Exhibit 

7. 

(Whereupon said document was 
marked as Trial Exhibit Number 7.) 

THE COURT: All right. Call 
your next witness. 

MR. PEPPER: Plaintiffs call 
Mr. John Billings. 

JOHN E. BIEEINGS, Jr., 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Morning, Mr. Billings. 



A. Morning, Mr. Pepper. 




Q. Thank you for joining us this 
morning. Would you please state your name — 
full name and address for the record, 
please. 

A. John Edward Billings, Jr., 787 West 
Drive, Memphis, Tennessee. 

Q. And would you tell us, what is your 
occupation? 

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A. Private investigator. 

Q. And how long have you been a private 
investigator? 

A. 30 years this year. 

Q. And are you licensed by the State of 
Tennessee? 

A. Yes, sir, I am. 

Q. Did there come a time, Mr. Billings, 
when you became involved in the investigation 
of the assassination of Martin Luther King? 

A. Yes, sir. My involvement began on 



April 4th, 1968. 




Q. And how did your involvement begin on 
April 4th, 1968? 

A. Well, sir, I was a junior at Memphis 
State University and I was working six 
afternoons and evenings a week at St. 

Joseph's Hospital. I was a surgical 
assistant. And we - I had just come on at 
4 o'clock that afternoon. And it was kind of 
a slow day. We had a few operations going in 
surgery. 

And we were up on the sixth floor. 

And we were standing outside the nurses' 
lounge, which is across from recovery and the 

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cast room, which is a non-sterile room. And 
I remember standing out in the hallway when 
Mrs. Matthews, who is the head scrub nurse, 
came running out the door and said, get the 
cast room ready, Martin Luther King has been 
shot — been shot in the leg. 



So we were sort of stunned. And we 




went over to start getting the cast room 
ready, which was a non-sterile room. We were 
kind of excited because, you know, we were 
getting ready to meet Dr. King. And being — 
the cast room would be a flesh wound, so we 
didn't think it was a severe wound. But 
within a minute or two Ms. Matthews came back 
out and yelled at us to get Room 1 ready. 

And that's all she had to say because Room 1 
was the neuro room, so we knew it was a head 
shot. 

Then she asked me to go around 
through surgery around by the back elevators 
and get a gurney and come back up and meet 
her. So I went around — walked through 
surgery and went around to get the gurney. 

And before I could get the gurney, I noticed 
two male figures beating on the door. There 

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were these frosted doors back there, and they 
had a recessed button that would open them 




up, and they were having a hard time finding 
it. 

So I reached over and opened the 
door. And two men — two male whites 
carrying machine guns - what appeared to be 
machine guns at the time — came running 
through the doors and down the hall. And 
this sort of startled a number of people, 
including some doctors who were doing surgery 
noticed this. So I got the gurney, and I 
started back up the hall. And Mrs. Matthews 
rounded the comer and met me. And she told 
us specifically to go down the back elevator 
which went directly into the waiting room 
from the top floor down, and to bring 
Dr. King back up when it was ready for 
surgery. 

And she was explicit about not 
letting anyone — mainly the press or anybody 
else on the elevator that was not concerned 
with Dr. King's health couldn't come back. 

So we took the gurney and went down — when 
the doors opened to the emergency room — the 




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emergency room was filling up with people 
which appeared to be Dr. King's entourage or 
his group of people. And I think 
Dr. Abernathy had just gotten there. 

And there was a — kind of a 
quietness about it. There was no panic. 

There was no wailing or anything. It was 
just sort of like shock. Everybody — it was 
like a bomb had gone off. 

So I went around into Emergency Room 
1 through some other doors, and that was the 
room they were working on Dr. King. They had 
just brought him in at that time. And we 
went into the room. We were wearing surgical 
greens, so we went into the room and stood 
against the wall and watched them work on 
Dr. King. I believe Dr. Rufus Brown was the 
resident in the emergency room that night, 
and he was sort of leading the team. 

And Dr. Julia who was our neuro — 




resident surgeon was also — had just 
arrived, and they were working, it seems 
like, in teams. There were other doctors who 
were coming in. All the residents were busy 
working, and we just waited against the wall 

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and didn't say anything. 

This went on for a while. They were 
feverishly working — it seemed like for 30, 

45 minutes or so. 

Q. Let me interrupt you there. At that 
point in time when they were feverishly 
working on Dr. King, was it evident to you 
that he was alive — he was still alive? 

A. Well, it appeared that they were 
because they were doing, it appeared to me, 
all the things — of course. Dr. King was 
sort of against the wall at the back of the 
room. And I could see the backs of the 
doctors feverishly working. They were doing 
all the things that I knew of to bring him 




around and resuscitate him. There was 



constant motion. 

You know, they were - it was just 
constant motion in front of us. So, you 
know, we fully expected to take him to 
surgery. 

Q. So you just stood against the wall 

and watched these procedures being carried 

out? 

A. Yes, sir. 

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Q. Who else was attending besides 

Dr. Rufus Brown and Dr. Julia at that time; 

do you recall? 

A. I can't necessarily recall the names 
anymore. There was several doctors. I think 
one in particular that — I can't think of 
his name — was team leader. At the time it 
wasn't any designated people. It was like 
everyone was working together as groups, and 
there wasn't anybody really — they were all 




talking back and forth and doing things, and 
everybody was very involved in their work. 

Q. Now, you just mentioned in passing 
two men, male whites, with machine guns who 
came running into the room — 

A. Yes, sir. 

Q. — whom you saw. Did you recognize 
who they were? 

A. No, sir. I never seen them before. 

Q. Did they identify themselves? 

A. No, sir, they didn't. 

Q. Did you ever see them again? 

A. I don't recall because that night 

was — there were many men like that running 

around sur — I mean, in the emergency room 

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that night. When we got down there, they 
were forming a ring around the walls which 
was maybe — they were a foot or two apart. 

And there were officers, some wearing 



T-shirts, some wearing suits, some wearing 




uniforms, a variety of weapons. And they 
formed a ring completely around the inside of 
the back of the emergency room around the 
wall. 

I mean, all the way through the 
other rooms. So it was totally secure at 
that point. And we had heard also that they 
were setting up flood lights at the hospital 
because the hospital was receiving bomb 
threats at that time. 

Q. Were any of the people in the room 
around the walls in the periphery in uniform? 

A. Some were in uniform, yes, sir. 

Q. What kind of uniforms? 

A. City police, it seemed like Shelby 
County. Some were just wearing, you know, 
suits with their jackets off. Shoulder — I 
mean, guns, pistols. There was — like I 
said, there was a variety of weapons. 

Q. What time did it become evident to 

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you as an observer that Dr. King was dead? 

A. Well, the activity continued. And 
then I believe it was Dr. Julia or one of the 
doctors — several turned and walked up to 
me. They — I knew them — quite familiar. 

And they said, go get someone in charge. We 
need to speak to someone in charge. 

So I turned and went out of the room 
and went out into the emergency room area 
where I had noticed one or two gentlemen 
wearing suits seemed to be more or less 
telling everyone what to do. So I approached 
them and told them that the doctor wanted to 
speak to them. 

So we walked back around the comer 
into the emergency room. Right in the 
doorway of Room 1 where the doors open, they 
stood in the doorway, and the doctors 
informed them of something to the effect of 
Dr. King is — Dr. King is terminated. We 
have done everything that we can. We feel 
there's nothing left that we can do. 



And at that time the gentlemen in 




suits told the doctors that they would like 
for them not to make any statements to the 

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782 

press or do anything for about an hour 
because they had to call out the National 
Guard. And if they could go out of the area 
very quietly or up the back steps or any way 
they could get out, they would appreciate it. 

Q. Who were the gentlemen in suits? 

A. I do not know. I don't know what 
their names were. I only had watched through 
observation that they were — they were 
telling other people what to do, so I figured 
they were in charge. 

Q. Were they local people? 

A. I do not know. I had never seen them 
before or since. 

Q. You've never seen them before or 
since? 

A. No, sir. 

Q. They seemed to take charge of events 




at that point? 

A. Yes, sir. 

Q. Mr. Billings, moving on, many years 
later — 

A. Yes, sir. 

Q. — was there a time when you became 
an investigator — part of the investigative 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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783 

team for James Earl Ray and his post- 
conviction relief application? 

A. Yes, sir, there was. I had — I had 
been working in Memphis a while. And I had a 
particular client that was — a high-profile 
client needed some help on. And I requested 
through an attorney, Sheldon Green, if he 
knew an investigator that I could use that's 
been around. So he mentioned Kenny Herman 
who had been an investigator at that point, I 
believe, 25 or 28 years. 

So I met Kenny Herman, and we worked 
on several cases over a period of a couple of 




years. And during that period of time, he 
talked about working for you, Dr. Pepper. 

And we used to laugh about the attorney who 
had a portable fax machine, because that was 
a new thing back then, and he would ride the 
train and take care of business on the fax. 

And he talked about doing different 
jobs. I believe Kenny became involved when 
the BBC came over in the late 80's and did 
several documentaries on this. And Kenny did 
most of the research and looked up all these 
witnesses and, literally, between you and he 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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784 

pulled the case together. Which the BBC 
aired several different shows that was put 
together by you all. 

Q. In the course of your work — and 
would you say your role grew with time as 
that investigation continued? 

A. Yes, sir, it did. We — we sort of 



discussed it a lot. Not that much because I 




was under the impression that James Earl Ray 
was the gunman, and what was the big 
question. You know, what's the big deal? He 
plead guilty. You know, I didn't understand 
all the flurry of activity. And we would 
talk about — Kenny never pressed it 
until — at one point we were talking — we 
were doing surveillance one day. And he 
showed me a contract, and it was — he said 
that I believe you and he had felt like it 
would be very difficult for James Earl Ray to 
ever get another real day in court. 

And the idea was to possibly do a 
mock trial which had been done previous to 
this. And you felt that maybe through a mock 
trial you could get some of this stuff out 
and to the public. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. So then you became involved in the 
investigation - 



A. Yes, sir. 




Q. — prior to the television mock 
trial? 

A. Yes, sir. We felt like that we as 
investigators probably did the first 
investigation that was ever fully done on 
this case. And the people we talked to, we 
found that that was probably true. That no 
one as far as James Earl Ray, in the early 
stages of his defense before he plead guilty, 
had really adequately done an investigation 
and touched all bases. And, of course, new 
information had been released from the 
government through their files that gave us 
more insight into the case. 

Q. Moving ahead from the — the 
television mock trial, did you become 
involved at one point in the investigation 
that focused on the existence of a man called 
Raul? 

A. Yes, sir, we did. Up until — 
throughout our investigation leading up to 
the mock trial, we discussed Raul. And we 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



786 

had very little — any — no leads other than 
James' statements to the effect that, of 
course, Raul was the man he met at the 
Neptune Bar in Canada by the docks — the 
maritime docks, and his descriptions of him 
and his various associations with him, 
traveling to Mexico, et cetera. 

We all felt like ever finding 
Raul - and we, of course, thought maybe 
that was just a code name, you know, or a 
nickname or something. We weren't sure. So 
we didn't hold forth a lot of hope. We 
investigated as best we could, but we had 
absolutely no leads. 

Q. What did you understand — according 
to Mr. Ray, what did you understand was the 
role that the alleged Raul played? 

A. Well, according to James, the role 
that he played was — James, of course, was 
on the run, looking for a way to get out of 
the country and had made it into Canada. And 




James typically, looking at his record, would 
hang out in sort of seedy type bars and stuff 
to try to make contacts with people who could 
help him do things. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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787 

And that was sort of his M.O. And 
he said that he was in the bar one time and 
he met a fellow named Raul. And they 
started talking. And Raul — he said — he 
described him as a Latin looking fellow. He 
said that Raul offered to help him. He 
said. I've got certain ways you can make some 
money if you would just do certain jobs for 
me, some of which included driving cars into 
Canada and out of Canada. 

I believe at this time James got 
different sets of ID's. And James always 
told me that he was just looking for a way to 
get out of the country. He was trying to get 
away because he was a fugitive. 

Q. Do you recall the bar in which he 




said he met Raul? 



A. I believe it was the Neptune Bar. 

Q. Where was it? 

A. I want to say — I can't recall right 
now. 

Q. All right. 

A. But I do remember the Neptune Bar. 

Q. Okay. So you're involved now with 
the investigation of the existence of this 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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788 

Raul, focusing on him. 

A. Yes, sir. 

Q. Did there come a time after the mock 
trial when information came to you — a 
person came to you who had information about 
such a person? 

A. Yes, there was. Some months after 
the trial, we sort of went — when we won the 
mock trial, we were all under the impression 
that something was going to come of it. We 



had raised a lot of issues. There had been a 




lot of witnesses coming forth, and a lot of 
witnesses that were not included in the 
movie. The movie actually — the trial 
lasted, actually, around 79 hours. I spent 
ten days with James in the prison passing 
notes and stuff because he was not totally 
familiar with that investigation. All of 
this had happened very rapidly. 

So James and I really — you know, I 
actually saw the entire 79 hours. They, of 
course, tried to condense this into three 
hours. And that's like trying to condense 
this into three hours. I think it would be 
very difficult. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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But some time after that a lady 

named Glenda Grabow and Roy Grabow came from 

Mississippi and contacted us and said that 

they had some information for us. And Kenny 

and I met with Glenda and Roy Grabow and 



listened to what Glenda had to say. 




Upon hearing her first statements 
that we got into with her, I found it — I 
didn't necessarily believe her. I thought 
this was too — too incredible. And it's 
also — it was — I mean, the things that she 
told us - you know, at that point I thought 
possibly that the government or somebody had 
put her in to try to further discredit us. 

Because that was an ongoing thing during all 
this period of time. 

And — but the more that we talked 
with Glenda and the more information that we 
got as investigators, we, of course, felt 
like we were going to check it out. And me, 

I was sort of in the course of mood to 
disprove her. Because I said, this is - 
this is — I mean, either we're getting 
one — a great break, or this is just a 
fictitious story. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Of course, once we began to check 




out her story, it began to fall into place. 

And that was — that was the amazing part of 
it. 

Q. What did you understand? What did 
you come to believe happened with respect to 
the existence of Raul? What new information 
came to you from this source? 

A. Well, she discussed her — her story 
was that she was a young girl whose family 
had moved to Texas when she was probably 12, 
13 years old — had moved to Houston. And 
while she was there, her family evidently was 
in an abusive style with her. I believe that 
was pretty much what it was. And she was — 
she was hanging around the areas where she 
lived. 

And in this area she met a fellow 
named Jack. And her — she and Jack became 
somewhat friends, I believe later intimate 
friends maybe. And with this she had met 
Raul — a fellow named Raul. And when she 
told us about Raul, she said, I don't know 
his last name because his — he always went 




by the name Dago. She didn't know what 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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791 

nationality he was other than he was 
foreign. 

And she had had — she had come to 
know this man and his uncle called Amaro. 

And she got to know them, and I believe she 
stated that she had made some pornographic 
movies. 

Q. Did this individual whom she 
described as Raul, in many ways describing 
him and talking about this against her own 
interests, did — at some point did this 
individual — did it become evident to her 
that he had played some role in the 
assassination of Martin Luther King? 

A. Yes. She stated that — she made it 
clear to us that — she said that she thought 
he was involved in other things. But she — 
this — we asked her what — why would she 



think he was involved with this. And she 




stated that it had been rumored among the 
circle of people she was working with and 
running with at that time that they were 
involved in the King assassination. 

And then there was an incident one 

time that really seemed to stand out in her 

DANIEL, DILLINGER, DOMINSKI, RICHBE 

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792 

mind and sort of hurt her, and it was very 
painful for her to talk about. She stated 
she was working one day. And she worked with 
these people in various illegal activities 
or, shall we say, shady activities. And they 
sort of used her, I think, to do things for 
them, run errands and stuff. 

But she stated that they were 
sitting at a table one day working on some 
things. And Raul came in, and she was 
looking through a little view finder — a 
little plastic thing, which she still had one 
we looked through, and it was Martin Luther 
King, Robert Kennedy and John Kennedy, and 



WEATHEREORD 




there was a little picture of them. 



And Raul, she said, came into the 
room and said, what are you looking at? And 
he evidently looked at it and went off about 
it and told her that he had already killed 
the — I believe she referred to it as — the 
sonofabitch once, do I have to kill him 
again? Or something to that effect. And 
then drug her into a room and raped her. 

Which was odd because they had had intimate 
relations before, but it was very upsetting 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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793 

to her and him. 

Q. It was an act of violence against 
her. 

A. Yes. 

Q. And a very traumatic experience for 
her as you perceived it? 

A. Yes. And Glenda was sort of damaged 
goods. You know, she had been abused a good 
bit of her life. And she has — she doesn't 




have the complexities to — to fabricate an 
elaborate complex story which is what she was 
telling without losing a train of thought 
which made it very credible to us. 

Q. Has she from that day to this told 
basically the same story? 

A. Yes, she has. 

Q. In terms of the details. 

A. Yes. She's very good on the details 
which, as an investigator, tells me it's — 
it's hard to maintain a lie. The more 
complex the lie, the harder it is to remember 
the details, but — 

Q. How long has — has this story been 
told by this person? 

A. From the day we met her. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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794 

Q. When was that in terms of years? 

A. Probably nineteen ninety — I want to 
say maybe the fall of '93, '94, somewhere 
around in there. Right after the movie. 




Q. So for some six years the details 
have been consistent? 

A. Yes, they had. And we have talked to 
her on many occasions. I've deliberately 
brought things up to test her memory to see 
if she can recall what I was talking about. 

And she does. And to me that gives her the 
credibility. 

Q. Did there come a time when you 
actually went to Houston along with others — 
or even independent of others and checked out 
some of the aspects of her story for 
yourself? 

A. Yes. We discussed among us at this 
point — it was Kenny Herman and I and then 
Jack Saltman who was the director of HBO — 

Tim's movie, who after making the movie 
became very involved in this. 

Q. And by "the movie" you mean what? 

A. The trial of James Earl Ray. 

Q. The trial, okay. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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795 



A. And Mr. Saltman had been — he sort 
of — when I first met him, he was 
skeptical. It was just a job to him. And 
once he had gone through and seen the 79 
hours and the witnesses and heard all of 
this, he was totally convinced that something 
was wrong. And I believe Mr. Saltman felt 
like he wanted to help get to the bottom of 
this. So we discussed how can we find this 
information out in Houston. 

And myself — I knew some people in 
Miami and New York that I had worked for 
through some of the years. And it — being 
an investigator, you meet a lot of different 
people. And, anyhow, I asked him a favor, if 
they could open some doors down in Houston. 
And they made some phones calls. 

These are some very, shall we say, 
powerful people. And they made some phone 
calls to a big bond company in Houston. And 
the people at the bond company met with us 
and opened the doors to people like retired 




federal judges, people who owned theaters, 
people who knew Glenda. Some of which said, 
you know, yes, I — I mean, all of them 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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796 

admitted to knowing Glenda in somewhat of an 
intimate way. 

One of them even produced pictures 
of her and gleefully said, these are 
photographs I have of her. I keep them under 
my bed, but I'm not going to show you the 
good ones. Which stunned us. Everything she 
said was becoming real. 

Q. So you were able, in terms of your 
own independent effort — in the stint of 
that, you were able to confirm a lot of the 
details of her story. 

A. Yes. And the more we checked, the 
more it confirmed details. Which, you know, 
it surprised me. Because I was the skeptic 
of the group. I felt like this was just a 
government plant. This just would really 




disrupt the train. We did not want to get 



into Texas. We did not want to get into any 
of that. We were having trouble enough with 
just the King assassination — the various 
resistance that we met through the press, 
through the government, through — 

Q. Moving on, did there come a time when 
you were able to obtain harder information 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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797 

with respect to the existence of this person? 

A. Well, there was. We — of course, 
we — we located Amaro because they had — 
they had worked on the docks. He, I believe, 
had a maritime card or something. And Jack 
managed to pull his Director of BBC influence 
out, and they gave him the information when 
normally they wouldn't. He told them they 
were making a movie and they needed this 
information. So we obtained that. So we 
knew there was an Amaro and we had the last 
name and stuff, but we still didn't have 




Raul. 



Q. Did there come a critical break- 
through at one point in time? 

A. Yes. 

Q. Right here actually in Memphis? 

A. Yes, there was. Through our 
investigation — Kenny had been around a long 
time and knew the police quite well and was 
very good friends with, at that time. Sheriff 
Jack Owens, I believe. So we had a lot of 
influence. And Kenny asked a fellow to help 
him. It was a lieutenant — well, actually 
at the time Sergeant Tim Cook came and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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798 

produced a piece of paper that gave us a — a 
history of the Raul we were looking for that 
led us to Portugal — Lisben. 

Q. Did this Memphis Police Department 
officer not become a member of the Attorney 
General's investigative task force on this 



case? 




A. Yes, he did. He sort of ran with us 



for a couple of years — or Kenny more than 
myself. I met him a few times. And he was 
trying to give information to Kenny. He gave 
us that big plum and seemed very interested. 

He was very, very interested in this case and 
spent a lot of time with Kenny. 

And as we broke into Raul, he was 
sort of with us. And he began to meet with 
us a good bit. And then when the Attorney 
General's office ordered an investigation, he 
was picked. He called us up and he was 
ecstatic. And he said, you're not going to 
believe what happened. They picked me. And, 
of course, you know, we were saying, well, 
that's great. We got somebody that we felt 
was going to do an investigation - you know, 
a thorough investigation. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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799 

And during this period of time we 



would meet with him and he would tell us 




various stories about the AG's — Attorney 
General's office and the problems they were 
having. And he would always kind of degrade 
them. And he would say things that I felt 
that we wanted to hear. And I even mentioned 
to Tim a number of times that I didn't 
care — there were several times I felt he 
was even wearing a wire. 

I told him — I said, I don't care 
if you wear a wire, I don't care if you're 
reporting, I don't care what side you're on 
because we're just after the truth. 

Q. Did you come to believe that this 
officer who had provided you with some useful 
information at first had an ulterior motive? 

A. I sort of thought that. Kenny and he 
were friendlier. And Kenny, I think, spent 
more time with him. But, once again, he was 
a police officer. He had a job to do. And I 
couldn't understand his enthusiasm for us 
because generally people that got into this 
or associated with us or helped us paid a 
high price. And I felt like, you know, he 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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800 

was jeopardizing his career. 

Q. What then would have been the purpose 
of giving you this information? 

A. I felt like giving us this 
information is like anything. If you want to 
gain somebody's trust, you've got to give 
them something. And he gave us something and 
gained our trust through the fact that we 
thought we could get more information from 
him. And he had given us, you know, a 
good piece. 

Q. What was the nature of the 
information that you were given early on? 

A. Well, the information that we were 
given was that Raul had worked in Lisben, 

Portugal, up until 1961 at the arms factory 
in Portugal making weapons. On this he was 
supposed to be just a worker, but Tim noted 
on the piece of paper that he had heard that 



he was far more involved than just weapons 




making. Actually, he was in the sale of 
weapons. 

And this, of course, went in with 

what Glenda was saying and Roy, that they 

were dealing weapons and would go out on the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
801 

dock and pick up various fire arms, stuff 
like that. So there were little — you know, 
there's a lot of little ties that seemed to, 
you know, to add to her story. Now, I don't 
think Tim knew all of this, so we were 
getting it from two sources, so — 

Q. Mr. Billings, I'm going to show you a 
report and ask you if you recognize it. 

A. This is the report that Tim Cook gave 
us. It says: "Word of mouth is he really 
wasn't an assistant mechanic, but rather a 
clerk" — 

Q. Let me — 

A. I'm sorry. 



Q. Let me back up one minute. 




A. Yes, sir. 



Q. Let me ask you to read that report 
but not to use the last name of the — of the 
person identified as Raul in that report. 

A. Okay. It says: United States of 
America, Number 8920111, Certificate of 
Naturalization. DOB, date of birth, 

7-16-34. Nationalized on 6-15 of '67 in the 
name of Raul. Okay. It's signed by a 
clerk in the Supreme Court of the State of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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802 

New York. 

Serial number from Portugal Passport 
is 760529 issued on 12-5-61, expired 4-4-62. 

Passport Number 18425/61 issued in Eisben, 

Portugal, on 11-16 of '61, expires 11-15 of 
'63. Worked from 10 of '57 through 12 of 
'61 at National Eactory of Arms in Eisben, 

Portugal, as a mechanic assistant. Reason 
for leaving, left for America. Correct name 



of business is Eabrica Nacional Municoes 




Armao — and it goes on in Portugal. 

Word of mouth is he really wasn't an 
assistant mechanic but really a clerk who 
worked in the office who did all the 
paperwork on shipping arms. When arms were 
shipped out, they were shipped out 
unassembled. New York State Liquor Authority 
wholesale beer license for that was effective 
7-1 of '92, expires 6-30 of '93. Certificate 
Number D240634. 

MR. PEPPER: Thank you, 

Mr. Billings. Move to admit. Your Honor. 

THE COURT: That will be 
marked. 

(Whereupon said document was 

DANIEE, DIEEINGER, DOMINSKI, RICHBE 

(901)529-1999 

803 

marked as Trial Exhibit Number 8.) 

Q. (BY MR. PEPPER) Did there then come a 
time, Mr. Billings, when you were provided 
with a photograph of this individual which 



you then — which was then incorporated into 



, WEATHEREORD 




a spread? 

A. Yes, sir. At this time also with 
this piece of paper, Tim Cook gave us his 
passport photograph from 1961 when he entered 
America. So we did have a picture of him. 

And that was the first photograph that we 
had. 

Q. Let me show you this spread of 
photographs, please. Mr. Billings, can you 
see those photographs quite clearly? 

A. Yes, sir. That's a photo spread put 
together by Kenny Herman and myself. 

Q. Let me ask you if — do you see the 
photograph that you referred to as — the 
person referred to as Raul? 

A. Yes, sir. 

Q. Which one is it? 

A. It's the one on the right middle to 
my right. You may want to point that out. 

Q. You're saying this — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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804 




A. Yes, sir. 



Q. — this photograph here? 

A. Yes, sir, that's the passport photo. 

Q. And this was a photograph that you 
received independently and incorporated it 
into this spread? 

A. Yes, sir. 

Q. Did there come a time when you showed 
that photograph to James Earl Ray in his 
prison cell? 

A. Yes, sir, it was. We — when we had 
a lot more information, we waited to discuss 
this with James. I was visiting him quite a 
bit at that time. And we discussed when and 
how to show it to him. And we decided to go 
ahead and see if he could pick it out. So we 
went to River Bend Prison and met with James 
and sat down at the table. And where I told 
James — I told him that we had a picture of 
Raul. And he seemed somewhat surprised. 

And I asked him if he would choose 
to attempt to pick out Raul in a photo 
spread. And he said that he would. So we 




put this before him, and James put on his 
glasses and very — for a minute or two 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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805 

studied these pietures very earefully. And 
as he studied them, he looked down at them 
and just kind of dropped his finger down and 
said, that's Raul. And we said, are you 
positive? He said, yes, I am. 

And then he said something that 
really surprised us. He said. I've seen this 
pieture before. And I asked James, I said, 
what do you mean you've seen this pieture 
before? You know, I was thinking, how eould 
he have seen this pieture before? And he 
said during, I believe it was, the House 
Assassinations Committee that someone had 
mailed him, with a no-return address, a 
pieture. And it was this pieture, and it had 
a name on the baek of it. And he eouldn't 
remember the name. And I asked him — we 



asked him, well, did anyone ever identify 




this? He said, no, no one could identify 
it. 

I said, did anyone else ever see 

it? And he said, well, my attorney. He said 

he believed April Ferguson, who was also 

working on his behalf, had seen it. And that 

it was somewhat passed around among people at 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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806 

House Assassinations, but no one could 
identify this picture. 

Q. Mr. Billings, let me — your 
testimony here today is that when you showed 
this photograph to James Earl Ray, he said he 
had seen it before? 

A. Yes, sir. 

Q. Let me pass to you an affidavit 

signed by James Earl Ray and filed in another 

court on October 25, 1995. 1 ask you to 

please read Paragraphs 8 and 9 of that 

affidavit. 



A. Okay. "In 1978, however, I did see a 




photograph. And at that time I identified 
the person in that photograph as being 
Raul. In the intervening years I had 
reviewed 200 to 300 photographs but was only 
able to identify this particular one. I am 
certain that the person in that particular 
photograph identified was Raul. Attached 
hereto as Exhibit 1, a copy of the newspaper 
article which reported my identification at 
that time. 

"In the spring of 1995 I was shown 

that same photograph of the man I know to be 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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807 

Raul by Private Investigator Kenneth 
Herman. At the time I confirmed that this 
was the same photograph I had seen and 
identified as depicting Raul. Mr. Herman 
told me he believed he had located this man." 

Q. That's fine. Thank you. Now, what 
is attached to that affidavit? 



A. It's James Earl Ray's signature 




notarized. 



Q. Is there a newspaper clipping 
attached to that? 

A. Yes, sir, there is. 

Q. And - 

A. It says something 30th, 1978. "Man 
in photo is Raul. Ray." 

Q. So that newspaper article is a report 
on November 30, 1978, where James Earl Ray — 
at which time James Earl Ray had been 
reported as recognizing a photograph of a man 
he called Raul? 

A. Mm-hum. 

Q. And to you he identified that 
photograph as being the same as that one 
there? 

A. Yes, sir. Because he immediately 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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808 

commented after picking him out that he had 
seen this photograph before. And that was — 



that was a real shock to us. I had not read 




this newspaper article at that time. 

MR. PEPPER: Your Honor, move to 
admit that affidavit and its exhibit. 

THE COURT: Make that a 
collective exhibit. 

THE SHERIEE: Yes, sir. 

(Whereupon said documents were 

marked as Collective Trial Exhibit Number 9.) 

THE COURT: Okay. 

Q. (BY MR. PEPPER) Has there been any 
further activity on your part or the part of 
your associates in the conduct of this 
investigation of identifying Raul? 

A. Yes, sir. Once we knew where he 
lived, we went up and made surreptitious 
photos of him on a cloudy rainy New York 
Sunday when he was walking back from church. 
He would walk down to the church in kind of 
the square where he lived in and would walk 
back up to his home. 

And we had had someone stop him to 
talk about some campaign literature in an 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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809 

attempt to get some fingerprints from him, 
which I believe we got six or seven prints 
off of it. And we did that. And then we 
went back another time — we decided that 
Glenda and Roy were unsure. They were 
looking at the immigration photo which does 
look a little bit different, which you would 
expect. 

So they were having a hard time with 
that. And then they looked at the new photos 
we had of the older Raul. And they 
hadn't — I believe it had been something 
like 17 or 18 years or so since she had seen 
him. 

Q. Let me ask you: During this time 
when you talked to Mr. and Mrs. Grabow, 
did — where did you meet them? Where were 
they when these conversations took place? 

A. Where were we meeting like here in 
Memphis? We would meet them at Kenny's house 



usually. 




Q. So they were back here in Memphis. 



A. Yes. They didn't want us to come to 
their house because they were still at this 
point trying to keep this low key. She 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
810 

was — they seemed very nervous about all of 
this. 

Q. Have you yourself ever been able to 
speak personally with the man you've come to 
identify as Raul? 

A. Yes, I spoke to him a number of 
times. We — we decided — Kenny and I 
talked about it, and we decided that we 
needed to try to get in to meet him and talk 
to him. And, of course, we saw where he had 
a liquor license. So we simply called him up 
and started a conversation that we were 
interested in opening up some pizza 
businesses in New Jersey. 

Q. Opening up some business operations? 



A. Yes, some business operations. 




Q. What I want to get to - did you 
notice how he spoke on the telephone? 

A. Yes. He had an accent, but he spoke 
very clearly. I mean, you could understand 
him. He was very enthusiastic about us 
coming to buy some wine from him. And we 
discussed — we called him three or four 
times in the discussions. 

Q. Did you know where he was ostensibly 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
811 

employed during this whole period of time? 

A. No, we did not know that. 

Q. You did not know that at that time? 

A. No. We were hoping to get into that 
with him upon meeting him. And we went to 
New York, and we took Glenda and Roy with 
us. And we went to New York in an attempt to 
get — let Glenda and Roy visually see this 
fellow. 

So when we got there, I wanted to 
try to set this up with — since we had a 




fairly good rapport going with Raul, I 
wanted to set this up in a meeting. But 
Kenny wanted to do what we kind of call a 
cold call. And that means you just sort of 
knock on the door. I guess he didn't want to 
give him a lot of time to think about it. We 
just wanted to come in there. So when we got 
there, I phoned Raul from maybe ten minutes 
from his house, an area he was familiar 
with. 

And we had set up cameras, video. 

We had Glenda and Roy's position in place. 

And I asked him to come pick me up. And he 
seemed very shocked, very surprised and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
812 

almost scared. It really threw me. I didn't 
expect that kind of reaction because we had a 
pretty good rapport. And he kept saying: 

What are you doing? What are you doing 
here? And I said, we discussed coming up. 

And since we're here and looking at 




locations, I said — Kenny was posing as my 
uncle. I said, my uncle was overdoing it. 

And, you know, I rode over here today from 
the area, and I thought I'd just go ahead and 
talk to you and see about, you know, 
purchasing - setting up some purchases. 

Q. He was put on his guard though at 
that point. 

A. Yes. And he kept saying, all I have 
is Portuguese wine. And I said, that's fine 
with us. And I said, well, can you come get 
me? No, no. And he kept saying, I have to 
go to the port. Well, that kind of threw 
me. I thought he meant the airport. And he 
kept saying, no. I've got to go to the port, 

I got to go to the port. And I said, well, 
do you want me to come up there? And he 
said, no. I'm busy. I've got to go to the 
port. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

813 



And so we immediately went to his 




house and set up surveillance. And this was 
approximately — maybe 1 1 in the morning. 
And we stayed there until probably 1 or so at 
night. And there was no movement there 
whatsoever. I mean, it was like the whole 
house shut down. He never went to the port. 
Nobody ever left the house, nobody ever 
came. Which we thought was rather odd. I 
did anyway from the various cases I've 
worked. 

Q. When this became public, and it did 
become public at one point in time, was there 
a sudden movement or exit from his house? 
A. Well, there was another time that I 
went up with another fellow. And we were 
going to try to get some pictures — some 
clearer pictures than the ones we had gotten 
previously. And it was on Sunday morning. 
And we got there early Sunday morning, 
started doing some surveillance. And 
during - and just when we set up, a large 
U-Haul type — maybe Ryder rental truck 



pulled up in the front of the house. 




And three or four white males got 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

814 

out, rather husky, and they looked around 
like they were going to rob a bank. We 
started laughing because they were looking up 
and down the street and appeared to be 
nervous. So we wondered, what's going on? 

And they went into the house. And where they 
stayed, they got some boxes out. We didn't 
see anybody for a couple of hours, and then 
they started bringing stuff out and loading 
it into the truck. 

So we watched them load the truck 
over a period of two or three hours. And we 
were debating about whether or not to attempt 
to follow the truck. We knew if we did that, 
you know, they might make us. And the fellow 
I was with was not a detective and wasn't 
skilled in surveillance, so we didn't want to 
take a chance. 



Q. So you didn't follow the truck? 




A. No. And then the truck left late 



that afternoon at which time, once dark came, 

I went and picked up the garbage. Which is 
something you do. It's not the cleanest of 
jobs and stuff, but you go pick up people's 
garbage. It's not against any laws. Once 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

815 

you put it out, it's anybody's stuff. And we 
went through the garbage trying to determine 
what was going on at that time. 

Q. Did you ever learn what was in the 
boxes that were being removed from the house? 

A. Well, we learned through the 
garbage - there was receipts there from a 
lady who had lived in the house evidently for 
a good period of time. They had like a 
housekeeper or a friend that lived there. I 
can't recall her name. And she had been 
there, and she was planning on - according 
to the notes we found, she was planning on 
moving within a few weeks. And for some 




reason — at that time we didn't know why, we 
later found out why. For some reason she was 
leaving that morning. 

It looked like a really hasty thing, 
that suddenly she decided to leave. Upon 
leaving New York — once we got back to 
Memphis, we found out that that Sunday 
morning the news in New York came out with an 
article about Raul and, without giving the 
last name or giving the address where he 
lived, went through this whole story. So, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
( 901 ) 529-1999 
816 

evidently, they had read the morning paper, 
and this woman decided that she was leaving. 

That's what we determined. 

Q. Did there come a time in your 
knowledge that Mr. — that this individual 
was sued here in the City of Memphis in 
another proceeding — another civil 
proceeding? 



A. Yes, sir. I believe that was a 




number of years ago. I believe it was a 
civil suit that you and Mr. Chastain 
brought. And he — we were — well, of 
course, it's easy to say. But we figured, 
well, surely if he's innocent, he will come 
down here and testify and hire an attorney 
and sue everybody. So that would be the 
typical situation. 

But he didn't want to come and 
seemed to fight tooth and nail. And he had a 
very, very expensive New York law firm in 
Rockefeller Center that suddenly popped up to 
represent him. And then he — they obtained 
the services of a law firm down here that 
also defended him. And I — of course, I 
can't say what the cost is, but we're talking 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

817 

months of litigation. And I believe the 
hearings lasted several weeks. If memory 
serves me, it lasted a long time. 

So we would have to get into a very. 




very, expensive, for the average citizen, to 
afford these kinds of lawyers — attorneys. 

We later learned one of the questions we 
pressed on, a lady who represented the Lisben 
newspaper, the main newspaper in Lisben, we 
met with her. She later went and met with 
Raul and his family. I don't think she ever 
really spoke with him. She spoke with his 
daughter and his wife. 

And one of her questions was how did 
you afford these legal services. And their 
answer was, well, the people at the church 
liked Raul and felt sorry for him, so they 
defended him. But the question to me is, I 
guess, did the people in Memphis also like 
him too — enough to defend him for free. 

And in my 30 years of experience. 

I've seldom found attorneys who would defend 
someone for free. Especially in a case like 
that because you're talking hundreds and 
hundreds of hours. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




818 



Q. Did you attempt to do an income and 
financial analysis of this gentleman's 
background and status and position? 

A. No, other than he owned — owned some 
property up there and had owned property for 
some years. And he lived in a fairly nice 
neighborhood and had a fairly nice home. So 
he seemed somewhat — you know, fairly 
comfortable. But I — I mean, I would be 
scared to think what — if I was in a similar 
situation and hired a Rockefeller law firm 
and a top law firm in Memphis to defend me in 
such things, the cost would be a lot when it 
would seem very simple to me to simply appear 
and say, you know, I don't have anything to 
do with this. 

Q. Would your financial checks and the 
information that you obtained indicate that 
he could afford to pay for that — those 
kinds of — 

A. No. 



Q. - legal services? 




A. No. Not to the best of my belief he 
couldn't. From my experience with lawyers 
and trial cases and expenses, no. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

819 

MR. PEPPER: Thank you, 

Mr. Billings. Nothing further. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. You and I have talked about this case 
for many years, haven't we? 

A. Yes, sir, we have, Mr. Garrison. 

Q. Let me ask you this. In all of your 
conversations with Mr. Ray — I know you had 
many, many conversations with him — did he 
ever mention anything about Mr. Loyd lowers 
that you can ever remember? 

A. He mentioned that he went — I 
believe he said he went into the grill that 
morning and met Loyd lowers, that he actually 
talked to Loyd lowers. 

Q. Was that the only time that he ever 




mentioned to you anything about Mr. lowers? 

A. He said that was his only meeting 
with Mr. lowers. 

Q. Did you have any discussion with him 
about what he and Mr. lowers talked about? 

A. No, other than — I think he saw him 
in there and they talked just in general. I 
don't think he was fully aware of Mr. lowers' 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
( 901 ) 529-1999 
820 

role in this. 

Q. Ms. Grabow never heard of Mr. lowers 
when you talked to her, had she? 

A. No. 

MR. GARRISON: That's all. Your 
Honor. 

MR. PEPPER: Nothing further. 

Your Honor. 

THE COURT: All right, sir. 

You're free to leave. Thank you very much. 

THE WITNESS: Thank you. Judge. 



(Witness excused.) 




THE COURT: Let's take about ten 
minutes. 

(Brief break taken.) 

THE COURT: Bring the jury out, 
please, sir. 

THE SHERIEE: Yes, sir. 

(Jury in.) 

THE COURT: All right, 

Mr. Pepper, we're ready. 

MR. PEPPER: Thank you. Your 
Honor. Plaintiffs call Mr. Royce Wilburn. 

ROYCE WILBURN, 

Having been first duly sworn, was examined 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
821 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Mr. Wilburn. Thank 
you very much for coming down here this 
afternoon and joining us. Would you state 



your full name and address for the record. 




12 years, and I moved to Nashville. I have a 



, WEATHERFORD 




business there now. 



Q. And is it your own business? 

A. Yes. I'm an electrical 
subcontractor, yes. 

Q. And are you the brother of Glenda 
Grabow? 

A. Yes, sir. 

Q. And did you, as a young person, live 
in Houston, Texas? 

A. Yes, sir. 

Q. Do you - can you tell us roughly how 
long you lived in Houston? 

A. About 1960 — probably '61 until 
probably about 1980. 

Q. And as a young person living in 
Houston, what was the neighborhood — where 
was the area where you lived? 

A. It was near Hobby Airport. I don't 
know if anybody knows where that's at. 

Q. Near Hobby Airport? 

A. It's near the south side of Houston 
there. 

Q. All right. Did you go to school in 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



( 901 ) 529-1999 

823 

that area? 

A. Yes, sir. 

Q. And how did you get to school? 

A. A lot of times my sister would walk 
with me to go to school. As I got a little 
older. I'd take the school bus, you know. 

You know, because we moved several times, and 
it was a long ways, you know, to walk. So 
I'd take the bus. 

Q. Okay. Did you at that time and 
during that time of your life become familiar 
or come to know an individual known as — now 
known as Raul? 

A. As — at the time he was called 
Dago. 

Q. He was called Dago. And would you 
describe how you came to know this person. 

A. He used to follow my sister and I 
around, you know, in his car. He was kind of 
a dark-complected guy. I guess he talked 




Spanish or some other - you know, Houston 
wasn't really integrated at that time. 

That's why he kind of stood out to me, and I 
was kind of scared of him. But he would pull 
up and make us get in the car, things like 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

824 

that. 

And at one time had me lay down in 
the back seat and put a hat over my head for, 
you know, some reason. I don't know. Like 
he didn't want me to know where he was 
going. 

Q. Made you lie down in the back seat 
and he put a hat over your head? 

A. Mm-hum. 

Q. You remembered that vividly? 

A. Oh, yes. Yes. I was scared to 
death. 

Q. And how often did you see — did you 
see this man? 



A. Oh, probably ten, fifteen times. As 




least as possible. 

Q. Did he — did he hang around a 
particular area? 

A. Yes. There was a small gas station 

by a store my sister and I would walk to, and 

she would mail letters to her husband. And 

he would, you know, see us go by and he would 

get in his car and follow us. I thought he 

was an employee there. But now, come to find 

out, I don't think he even worked there. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

825 

Q. He just seemed to hang around there? 

A. Just seemed to hang around, yes. 

Q. What's the time frame when you 
actually saw this person in years — between 
which years did you see him? 

A. It was probably around the Kennedy 
assassination — '63, somewhere around in 
there, '64, something like that, and probably 
some after that. 



Q. Did there come a time when he — when 




you didn't see him anymore, when he 
disappeared? 

A. Well, I got older and we moved, you 
know, to a different neighborhood. And, of 
course, my sister's husband — you know, he 
was in some rehabilitation center or 
something at the time. And, you know, he got 
out and they moved off, and I just — we 
moved to another neighborhood. And I never 
really seen him again, but I knew some of his 
family. Or my sister knew some of his family 
that would come to their house. 

Q. Which member or members of his family 
did you know? 

A. Let's see. Mondo (phonetic) I 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
( 901 ) 529-1999 
826 

believe is his cousin or uncle. He visited 
them quite often. 

Q. You did see him quite often during 
this time? 



A. Probably twenty, thirty times. 




Q. Did there come a time when I placed a 
spread of photographs in front of you and 
asked you to look at them? 

A. Yes, sir, a couple years ago, I 
think. 

Q. And did you — when that was done, 
did you recognize one of the photographs - 
one of the individuals in the spread? 

A. Yes. One was this Dago/Raul 
fellow. 

Q. Let me show you these photographs. 

Just take your time, please, Mr. Wilburn. 

A. It would be on the right, the second 
one down. 

Q. Can we raise this so he can look at 
the individuals on the bottom as well. 

A. It's kind of a bad picture, but that 
is him. 

Q. Which one are you saying is the one 
you recognize? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



827 




A. On the right, second one down. 

Q. On the right, second one down? 

A. Uh-huh. 

Q. This one here? 

A. Uh-huh. 

Q. Do you have any question that's the 
man you saw in Houston, Texas? 

A. No doubt about it unless he's got a 
twin brother. 

Q. No question at all that that is the 
same person? 

A. Nope. No question at all. 

MR. PEPPER: Now, Your Honor, at 
this time plaintiffs will move the admission 
of this spread of photographs. 

(Whereupon said document was 
marked as Trial Exhibit Number 10.) 

Q. (BY MR. PEPPER) Now, at one point, 
Mr. Wilburn, your sister, Mrs. Grabow, will 
be testifying before this Court, probably out 
of order because she's not been well 
recently. But have you — let me ask you: 
Have you discussed this identification that 




you have given us with her? 

A. No, not at all. Huh-uh. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
828 

Q. This is your own independent 
recollection and identification? 

A. Right. Right. Yes, I was asked 
to — you know, by you, and there was 
somebody else, I don't know who it was, that 
come to my house and asked me could I 
identify this Dago/Raul guy. And I said, if 
you've got a picture of him, you know, I 
can. They threw 15 or 20 pictures down 
there. And I said, that's him. And they 
said, you know, yes, it is. 

Q. All right. Thank you. Now I'm going 
to ask you to look at this affidavit, 

Mr. Wilburn. Would you just please just look 
through it. 

A. Yes, this is the one I — 

Q. Do you remember giving that 



affidavit? 




A. Yes, sir, I do. 



Q. Would you just look at the last 
page. 

A. What, the photos or the — 

Q. Not the photos but the last page of 
the affidavit, the signature page. Is that 
your signature? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

829 

A. Well, the very, very last page 
doesn't have mine on it. It's this one here. 

Q. Yes, the signature page. 

A. Yes. Okay. Yes. 

Q. Now, would you look at the photograph 
which is an exhibit to it. And next to 
the — somewhere on that photograph do you 
see your initials? 

A. Yes, sir. 

Q. Did you place your initials there? 

A. Yes, sir. 

MR. PEPPER: Thank you. 



Plaintiffs move the admission of 




Mr. Wilburn's previous affidavit. 

(Whereupon said document was 
marked as Trial Exhibit Number 11.) 

MR. PEPPER: Mr. Wilburn, thank 
you very much. No further questions. It's 
Mr. Garrison's turn. 

THE WITNESS: Oh, okay. I was 
kind of nervous. Ready to go. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. I'm sorry, I did not get your full 
name. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

830 

A. Royce Wilburn. 

Q. Mr. Wilburn, what years are we 
looking at that you met this gentleman that 
you've identified? '61, 2, 3? 

A. I would say - like I say, it was 

right around the time, you know, Kennedy was 

assassinated. 



Q. '63? 




A. Yes. This guy, he hung out, you 
know, right down the street from Hobby 
Airport where Kennedy would get on the plane, 
and then he went to Dallas and got 
assassinated, but - 

Q. Did he appear to have a job where he 
was working anywhere? 

A. I thought he worked at that gas 
station. 

Q. You never heard — you heard him 
engage in conversation, I guess; did you 
not? This gentleman, you heard him talking 
to someone; am I correct, sir? 

A. Yes, he talked to my sister while we 
was in the car. 

Q. You heard the conversations? 

A. Yes, sir. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

831 

Q. You never heard him mention anything 
about the name of lowers, I don't suppose. 



A. Yes, sir, I do. 




Q. Have you ever heard your sister 
mention anything about the name Mr. lowers? 
A. I've heard it mentioned, but I really 
don't know who the person is or anything. 

You know, I think he lives in Memphis. 

MR. GARRISON: That's all. 

MR. PEPPER: Nothing further. 

Your Honor. 

THE COURT: All right. Now you 
may stand down. 

THE WITNESS: Can I really leave 
this time? 

(Witness excused.) 

MR. PEPPER: Your Honor, 
plaintiffs have an apparently lengthy video 
deposition — video/audio deposition, and it 
probably would be appropriate to begin that 
after lunch. 

THE COURT: Okay. 

MR. PEPPER: Unless you want us 
to — I estimate it will take 30, 35, maybe 
40 minutes. 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




(901)529-1999 



832 

THE COURT: That's the length of 
the deposition? 

MR. PEPPER: That's the length 
of the — it was a telephonic/audio 
deposition, yes. 

THE COURT: Okay. If that's 
what it's going to be, 35 or 40 minutes — is 
that about right? It's going to take about 
35 or 40 minutes. All right. 

MR. PEPPER: Go ahead? Your 
Honor, the deposition is of a Yorkshireman — 
it's an Englishman who lives in Yorkshire — 
west Yorkshire to be exact. And since the 
speech is not always readily recognizable and 
distinct as possible, the plaintiffs have 
prepared a transcribed copy for each member 
of the jury and for the Court. With your 
permission, we would like to have these 
passed out. 

MR. GARRISON: Your Honor, I 



have no objection. I requested the 




deposition, in fact. 

THE COURT: All right. Are 

there any members of the press present? 

MR. PEPPER: Sorry. Excuse me. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
( 901 ) 529-1999 

833 

THE COURT: I was asking if 

there were any members of the press present. 

I was going to let them have one. All 
right. 

(They following is a transcript 

of the video deposition of Mr. Sidney J. 

Carthew that was played in open court.) 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
( 901 ) 529-1999 

834 

VIDEOGRAPHER: This is the 
videotaped deposition of Mr. Sidney J. 

Carthew. It's being taken by the plaintiffs 
in the matter of King versus lowers in the 
Circuit Court of Tennessee for the Thirtieth 



Judicial District at Memphis. 




Mr. Carthew is with us via 



telephone. It's being held in the offiees of 
Daniel, Dillinger, Dominski in Memphis, 

Tennessee on November 5, 1999, beginning at 
approximately 2:39 p.m. 

The eourt reporter is Kristin 

Peterson with the firm of Daniel, Dillinger, 

Dominski in Memphis. The videotape 
speeialist is Ted Sehureh with the Data 
Company in Memphis. 

Will eounsel now please introduee 
themselves. 

DR. PEPPER: William Pepper for 
the plaintiffs in this aetion. 

MR. GARRISON: Eewis Garrison 
for defendant, lowers. 

VIDEOGRAPHER: Do you have any 
announeements or stipulations you'd like to 
put on the reeord? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

835 



DR. PEPPER: None for the 




plaintiffs. 

MR. GARRISON: None for the 
defendant. 

VIDEOGRAPHER: If the reporter 

will please swear in the witness, we'll go on 

the record. 

SIDNEY J. CARTHEW, 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY DR. PEPPER: 

Q. Sid? 

A. Is that for me? 

Q. Yeah. That's for you, Sid. 

A. Yeah, I do. 

Q. Okay. Sid — 

A. The sound isn't too good, but carry 
on. 

Q. Okay. If you have trouble hearing 
any of the questions, please ask, and I'll — 

I will repeat them. 

A. Okay. 

Q. Sid, you were a merchant seaman in 




the British Merchant Navy; is that — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

836 

A. Yes. 

Q. — that right? 

A. Yes. 

Q. And do you recall the years that you 
were a merchant seaman? 

A. Erom 1956 until 1973. 

Q. Right. And where would you go? 

Where would your duties and your sailing 
obligations take you as a seaman during that 
period of time? 

A. All over. All over the world. 

Q. Right. Did you sail the North 
Atlantic route frequently? 

A. Yes, quite often. 

Q. Right. Now — 

A. Pardon? 

Q. That's okay. That's fine. Now — 

A. Yeah. 



Q. - do you recall, Sid, in - in 1967 




sailing from Liverpool to Montreal? 



A. Yes. 

Q. I don't expect you, naturally, to 
remember the name of the ship because you 
sailed on many different ships, didn't you? 

A. It was a ship - Canadian Pacific 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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837 

Eine. I think it was the Empress of 
Britain. There was two ships that were 
exactly the same and on the same run, and it 
was the Empress of England, Empress of 
Britain. They were two weeks apart in 
sailing dates. 

Q. Right. Now, when you — when you 
sailed from Eiverpool to Montreal and landed 
in Montreal, how long would you stay in that 
city, and how long in that — well, let me 
rephrase that. How long did you stay in that 
city on that — on that particular time? 

A. One week. 



Q. You stayed there for one week? 




A. On every trip, it's one week in 
Montreal, one week at sea, and then one week 
in Liverpool. 

Q. Right. 

A. But it's a week in Liverpool, one 
week at sea, one week staying in Montreal, 
and then, again, one week at sea. So it's 
one month all total — that's sailing and 
docking. 

Q. Right. Okay. Now, when you stayed 
in Montreal, was there a particular bar or 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

838 

restaurant that you frequented on a regular 
basis? 

A. Yes. The Neptune Bar and also the 
Seaman's Mission on the same street. I think 
they call it Commerce Street. 

Q. Was it West — 

A. It was near the ship. 

Q. Yeah, West Commissioners. 

A. It was right near the port where we 




docked. And that was the first bar we got to 
was the Neptune Bar. It was the one that 
most seamen frequented. 

Q. Right. Did you — were you known to 
people who regularly frequented the bar? 

A. Only two other seamen. Two other 
seamen — seamen that frequently went in 
Montreal as their home port. One or two of 
them knew me, but mostly it was strangers. 

Q. Right. 

A. At the time that we're talking about, 
there was a lot of activity going on because 
I think there was some kind of world games 
there because there was an awful lot of 
people in and around Montreal in general. 

Q. Around this point in time? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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839 

A. Yes. 

Q. That was the year of the 
International Youth Eestival. It was — it 



was held in Montreal in the late summer. 




early autumn of 1967. Could that have been 
the event you are talking about? 

A. Well, I don't know if that was it, 
but — but the — the all of Montreal was a 
height of activity with these international 
games. 

Q. Right. Okay. 

A. The ship may have got in during the 
games, so the — I mean, international games 
would be of little importance to a merchant 
seaman. I'm afraid. 

Q. Right. Sid, where did you sleep in 
the evenings after you left the Neptune Bar? 

A. Well, I mean, if you had any female 
company, you would obviously stay ashore, but 
most nights — I would say that most nights, 
back on the ship. 

Q. Right. Now, toward the end of this 
stay in Montreal, did you meet a fellow in 
the bar, in the Neptune Bar, whom we have 
come to know as Raul? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




840 



A. Yes. Yes. 

Q. Could you describe that encounter, 

Sid. 

A. What? The conversation? 

Q. Well, yeah, how you met him. Just 
right from the beginning, how it all 
started. 

A. Well, at first, I — I met a person 
who I now think was James Earl Ray because 
they were both standing at the bar together, 
and the shorter one of the two, he was very 
quietly spoken, and he asked me about going 
on a ship to possibly work his passage. 

And I explained to him that he 
couldn't possibly do that in this modem day 
and age — even though I'm talking about 
nearly thirty years ago, twenty-odd years 
ago — the — the situation — that he wasn't 
able to do that, and I explained it to him. 

And then he said that he would like 

to get hold of a seaman's discharge book, and 

I explained to him again that the discharge 




books — when you sign on the ship in your 
home fort, you hand the discharge book into 
the ship. So you don't get it back until you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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841 

return to the port. 

And the books that he had seen 
previously, obviously from other seamen, were 
identity books, and I told him that there are 
fingerprints — they put your fingerprints 
in, so if anybody was to — if they wanted 
to, they could try it by changing a 
photograph. He may be able to do that, but 
he couldn't change the fingerprints. 

So that was the end of that 
conversation. He went back to the bar, and, 
in fact, I thought he was an off-duty bar 
tender because he was dressed in a white 
shirt, black tie. He spoke to the taller 
one, who was slightly of a Spanish look, but 
he didn't have black hair. He had brown 



hair, darkish brown hair. He came over and 




introduced himself to me and a couple of 
friends that I was with. 

Q. Now, Sid, let me just interrupt you 
here. You think the first conversation you 
had may well have been with James Earl Ray? 

A. It may well have been, but I never 
even saw any photographs, pictures on 
television of him. It was only when I saw 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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842 

him on the mock trial that was on television 
that I recognized it then that he — he was a 
bit fatter then obviously. I mean, when I 
seen him on television recently, the poor man 
was a shadow of his former self I should 
imagine. 

Q. Right. Okay. So you think it may 
have been James Earl Ray who was asking you 
about getting some papers to get out of North 
America and get on a ship? 

A. Yeah. 



Q. Okay. And - and you had this 




discussion with him. Then you went back and 
sat down, and — and this other man came over 
with a brownish sort of hair; is that right? 

A. Yeah. 

Q. And - 

A. He was asking me the same kind of 
thing. I think he was just trying to get 
confirmation for the first person, you know, 
to try and figure out whether it was 
possible, and I proved to him that it's been 
done many, many times where seamen had took 
other seamen, who maybe have jumped ship in 
Montreal, and they took them back on the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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843 

ship, and they sailed back to Liverpool and 
kept away from the Master Arms in — on the 
ship for a week. 

It — it was done on a more or less 
regular basis, and I said that if this friend 
of his — he could take that chance. He 



could go aboard the ship with — make friends 




with seamen, and especially if he had 
relatives in England, I mean, they would've 
helped him to get back to England, but he 
didn't sound English, obviously, and if he 
had done that, he would have needed it to 
avoid ejection on the ship on certain days. 

And this person introduced himself 
to me, this Raul. He said, well, that's 
seven chances of getting caught, and I said, 
well, that's true. If you want to look at it 
that way, it's seven chances of getting 
caught. With a lot of hindsight, I didn't 
know how — why he needed to leave Montreal, 
and, you know, the length he was willing to 
go to to get away. 

Q. I understand that. 

A. Yeah. 

Q. Sid, the man who introduced himself 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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844 

to you, he introduced him — what name did he 
give you? 




A. He actually gave me that name — 

Raul. 

Q. He introduced himself to you as Raul? 

A. Yes. Yes. 

Q. Right. 

A. And it's only — it's only when I was 
watching the tape, the recording, of the mock 
trial. I didn't look at it but a couple of 
months after that maybe because I put it on 
the shelf and forgot about it, and when I did 
see it, part of it was - my daughter had 
taped something else, and when I put it in 
the television, it came up on the court scene 
where the prosecutor was ridiculing James 
Earl Ray and saying that this Raul was a 
figment of his imagination, and I called my 
daughter in the room and said, look, no, this 
isn't a figment or lie. I said, this poor 
man is telling the truth, and that is when I 
decided to try and locate you, which it took 
me a long time to do. 

Q. Yes, I understand that, and you 



really persevered, Sid, and I — 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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845 

A. I phoned the U.S. Embassy to ask them 
who was defending James Earl Ray, but they 
didn't tell me. They said they didn't know, 
and I asked several things, you know. I was 
being put to one department to another in the 
Embassy, but they didn't know, however, so I 
eventually found out by going to the 
Citizen's Advice Bureau that put me in touch 
with the bar, the lawyer's bar, and the rest 
is, as they say, history. 

Q. Yes. 

A. Left it to you, and that was it. 

Q. That's right. Thank you. Thank you 
very much for your — for your perseverance. 

Now, Sid, what — did you have other 
conversation with this man, Raul, at that 
point in time? 

A. Yes. The lad that — the lad that I 
was talking to, and I met him over a period 



of, what, say three years — he sailed out of 




Montreal. He sailed on Canadian ships, but 
he was talking about the election with George 
Wallace, and at — at some point in the 
conversation, things became a bit heated, you 
know, as things do when you are talking 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

846 

politics, and I think that this Raul thought 
that we were Irish because the other lad 
spoke slightly different to me. 

I'm from Liverpool, but, 
unfortunately, a lot of people can't make the 
difference out between Liverpool and the 
Irish because there is a big Irish population 
in Liverpool, and I think he thought that we 
were Irish Nationalists, you know, connected 
to the — possibly the IRA. He didn't say 
that. He didn't say that, but the 
conversation came down, and I — at one point 
I said, I believe in the rights of the people 
to bear arms, and I'm sure that you'll 



understand this being an American. 




As I've said on many occasions that 
the people — I live in what the — is 
largely called a democracy, but the head of 
our country is home elected, and if it ever 
came to conflict, you know, the only people 
that would have the right to bear arms in 
defense of themselves would be criminals and 
the police, and he said he would be able to 
get some guns. 

Q. He said he would be — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

847 

A. I remember it quite clearly because I 
said to him, well, I don't want any of that 
Second World War rubbish, you know, rusting 
rubbish, and he said these are brand new. 

Army issued, nine millimeter. He said they 
were Browning nine millimeters. Army issued, 
and they are new. 

Q. Now, he - 

A. And another thing why I remember 
it - because although it sounds funny, it 




wasn't. He said to me, how many would you 
want, and I said four. And he said, how, you 
know, how are you going to get them on the 
ship, and I said that I would get them on the 
ship, just put them in a shopping bag or even 
in the waistband of mu trousers and take 
them, and he said, four, what do you - four, 
what do you mean by four. I said four guns. 

He wanted to sell me four boxes of guns. 

He said that he — onee he knew that 
I would have only take — took four, he was 
very annoyed, and he said that there was a 
Master Sergeant in the Army — he wanted his 
eut out of this, you know, and it wouldn't be 
worth his while to deal in sueh a small 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

848 

number, and that was the end of that 
eonversation, and he went baek to the bar. 

Q. Right. Now, Sid, did you have 
this — all this eonversation with him in 



this one evening, or was this over a period 




of two evenings? 

A. Of two — two evenings, yeah. 

Q. Yeah. And the conversation about the 
guns, did that take place — which evening 
did that take place on? 

A. I think that was the first — the 
first evening, yeah. 

Q. So, you — you and — and - 
A. It was at the same time when — who I 
now think — but it may not have been James 
Earl Ray, but, you know, it looks more to me 
as if it was. That was the - but that was 
the same evening when he came over because he 
made it his business to come over and talk to 
me, and this friend of mine that was stuck at 
the table as if he was taking charge of what 
the first person was saying, you know. And 
looking at it now from the point of view of 
the mock trial on television, I can see now 
why he wanted to prove to the first man that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



849 




it was no good going by ship. 

Q. Well, because he might have had other 
plans for — for James? 

A. Right, if he did. 

Q. Right. So, Sid, after you had this 
discussion with this man over two 
evenings — 

A. Yeah. 

Q. - did you ever see him again at the 
Neptune? 

A. No. No. We sailed shortly after 
that. 

Q. Right. And you never — and you 
never again saw him on any successive visits 
to the Neptune? 

A. No. No. Nor the first man either. 

Q. Right. Now, Sid, do you recall that 
when you did locate me and when we did meet 
up that you gave me and executed for me an 
affidavit? 

A. Yes. 

Q. And I'm looking at that affidavit 
now. You don't have a copy of it there, do 




you? 

A. No. No. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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850 

Q. The date of it is the 23rd day of 
January, 1997, and you've executed this 
affidavit in West Yorkshire before 
J. Brearley and Company? 

A. That's right, yes. 

Q. And do you know where they are 
located? 

A. What? The solicitors? 

Q. Yes. 

A. They're here in Elland where I live. 

Q. And on which street, do you recall? 

A. Small town where I live. 

Q. Yes, but do you — 

A. On Burley Street. 

Q. Okay. I just wanted you to confirm 
that for the record because that is — that 
is what the affidavit reads; that they are J. 

Brearely and Company Solicitors on Burley 




Street in Elland, West Yorkshire. 

Do you recall at that time that I 
showed you a spread of photographs of six 
different people? 

A. Yes. 

Q. And did you identify one of those six 
people as being Raul? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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851 

A. Yes, that's right. 

Q. And do you recall those — how those 
photographs were arranged on the page? 

A. What? How they were arranged on the 
page? 

Q. How the photographs were depicted on 
the page, yes, how they were arranged. Do 
you recall that? 

A. I think there was three on the top, 
three on the bottom, or maybe two — two sets 
of two. 

Q. Three — three — 



A. It's such a while back, you see. 




Q. Yes. It is a long time ago. There 
were six photographs. 

A. Yes, that's right. 

Q. And they were arranged in — in three 
sets of two — top, middle and bottom. 

A. Yeah. 

Q. It's very difficult for you to 
recall, but do you remember where the 
photograph of Raul was listed — was depicted 
on that page? 

A. Yeah. It was on the bottom to the 
right. And, you know, if people say - would 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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852 

say how could I pick someone out after all 
those years, it's very, very unusual to find 
someone of Spanish or even slightly Spanish 
with brown hair. I was at sea for many, many 
years, and believe me, it's a very small 
minority of people. That's what made me 
recognize him. 

Q. When you saw that photograph of Raul, 




did you — did you know beyond any question 
of a doubt that this was the person you met 
in the Neptune? 

A. Well, unless he's got a twin brother, 
that was him. 

Q. You are eertain that was Raul? 

A. Yes. 

Q. And do you remember affixing your 
initials on the photograph that you have 
depleted as being Raul? 

A. Yes. 

Q. Beeause I'm looking at the spread of 
photographs, and there is a — there is your 
initials and then I think also the initials 
of the swearing solieitor. 

A. Yes, that's right. Yes. 

Q. Okay. I'm going to put this 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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853 

affidavit of yours and the exhibits attaehed 
to it, one of whieh is the exhibit of the 
spread of photographs with your initials on 




them — one that you've identified as Raul — 
into evidence as a part of this deposition, 

Sid. 

A. Yes. 

DR. PEPPER: Plaintiffs' 1. 

(Whereupon, documents were marked 
collectively as Plaintiffs' Exhibit 1.) 

Q. Now, I have really nothing further, 
just to say at the conclusion at this point 
that I want to thank you for — one, for 
coming forward initially. I know it was very 
difficult for you to locate me, and, two, for 
thanking you for giving the deposition 
today. 

And I think for the record, Sid, you 
should just briefly tell us what has happened 
to you following your coming forward and my 
writing about your story in the — in the 
book that I published on this case. 

A. Oh, well, the journalists have been 
writing in the main saying how I'm a Nazi. 
This is even after being a person who's been 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



854 

with the National Union of Seamen defending 
seamen's rights and pay — called me a Nazi. 
And on the other hand, any people of mixed 
race — you know, I'm getting the accusations 
from both sides, so I'm in the middle. I'm 
getting it from left and right, and my house 
was petro bombed, and I believe that that was 
through an article called Search Right that 
is distributed to not only trade unionists, 
but what they call fascists. I've never been 
a fascist in my life. 

Q. You've been — you've been really 
what is termed a nationalist in terms of 
Britain — 

A. Oh, yes. I'm a nationalist, yeah. 

Hard to be an Englishman. 

Q. Right. And that has been picked up 
and twisted and distorted, and as a result of 
your coming out here in support of an action 
on behalf of James Earl Ray. That seems to 
have been turned into a pretty difficult - a 




difficult time for you. 



A. Oh, yes. Not only me, my daughter as 
well. I mean, when the petro bombs were 
thrown at the house, it was closest to 2:00 
DANIEL, DILLINGER, DOMINSKI, RICHI 
(901)529-1999 
855 

in the morning, and my house is what we call 
here a back-to-back. There is only a front 
way in and out. There is no back way in or 
out. We could have been burned to death. 

You know, it's a - and 
unfortunately, the — you may have the same 
kind of journalists in America. They don't 
let the truth stand in the way of a good 
story, and it — and it sounds a lot better 
if you can call the person either a Nazi or a 
fascist. It sounds good, but it's — 

Q. Right. Well, it's - Sid, do you 
have any reason to believe that there are any 
official agencies of government behind these 
acts, or do you think this is — all of this 
is simply spontaneous on the part of 



, WEATHEREORD 




hate-mongering people? 

A. Well, I — I don't feel that — I 
don't know much about that kind of thing, but 
I do know that anybody who writes in 
magazines and — destroying their living and 
helping to try to destroy their lives, I 
don't see how they could possibly get away 
with it unless it was being state protected. 

Q. Has anyone been arrested for the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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856 

petro bombing? 

A. No. Even when the police came to the 
house, the journey that they told me that 
they came from would take less than five 
minutes, and it took twenty minutes for them 
to get here, and, again, you know, there is a 
lot of things that people might think is 
rather funny, but I don't, is that they said 
that the local patrol car were on their tea 
break. 



Q. They were on their tea break? 




A. Yeah. So, you know, if that doesn't 
sound funny, I don't know what does. 

Q. So they were delayed in answering a 
call for a petro bombing. 

A. That's right. 

DR. PEPPER: All right, Sid. 

Well, I wanted that on the record as well 
because I think you've shown a great deal of 
courage in coming forward, and, again. I'm 
grateful for you for doing so. 

Now, I have nothing forward, and 

Mr. Eewis Garrison may have some questions, 

and he will put them to you. 

Thank you very much. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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857 

THE WITNESS: All right. 

DR. PEPPER: Nothing more. 

MR. GARRISON: No, I have 
nothing, Mr. Carthew, to ask you. We 
appreciate your time. 



VIDEOGRAPHER: Okay. This is 




the end of the videotaped deposition of 
Mr. Sidney J. Carthew, November 5, 1999, 
approximately 3:07 p.m. 

(End of the video deposition of 
Mr. Sidney J. Carthew.) 

THE COURT: Pass them from one 
end to the other, please. And those people 
of the press that had them, would you just 
hand them back over to the attorney. 

MR. PEPPER: Your Honor, 
plaintiffs move admission of Mr. Carthew's 
affidavit which was cited in the course of 
the deposition. 

THE COURT: All right. 

MR. PEPPER: Which includes the 
exhibit — the photograph that he initialed. 

(Whereupon said document was 
marked as Trial Exhibit Number 12.) 

THE COURT: All right. Now 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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858 



we'll break for lunch and we'll resume at 




about 2:30. 



(Lunch recess.) 

THE COURT: Are we ready for the 
jury? Bring them out. 

THE SHERIEE: Yes, sir. 

(Jury in.) 

THE COURT: All right. 

Mr. Pepper, call your next witness. 

MR. PEPPER: Thank you. Your 

Honor. Plaintiffs call Mr. J.B. Hodges, Your 

Honor. 

JOE B. HODGES, 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good afternoon, Mr. Hodges. 

A. Good afternoon. Dr. Pepper. 

Q. Thank you very much for coming all 
the way down here to give your testimony. We 
appreciate it. 

A. Okay. 

Q. Would you please state your full name 




and address for the record, please. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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859 

A. Joe B. Hodges, 174 Dillon Road, 

Mickey, Tennessee. 

Q. Thank you. And, Mr. Hodges, what do 
you do now? 

A. I'm retired from the police 
department, yes, sir. 

Q. And how long did you serve on the 
police department? 

A. 25 years. 

Q. And what was your capacity? What 
role — position did you have on the police 
department? 

A. Eor a couple of years I was assigned 
to a car. The last 23 years I was assigned 
to the dog squad. 

Q. And were you assigned to the dog 
squad in 1968? 

A. Yes, sir, I was. 

Q. Were you assigned to the dog squad at 




the time of the assassination? 



A. Yes, sir, I was. 

Q. And where were you on the afternoon 
of the assassination? 

A. Myself and two other officers was at 
a restaurant at the intersection of Crump and 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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860 

Third Street. 

Q. And how did you receive word that 
Dr. King had been shot? 

A. It came over the car radio. 

Q. What did you do when you heard that 
announcement? 

A. We both — well, all three of us 
proceeded back to the car and got in and went 
to the scene where the call was at. The 
dispatcher at the time he put out the 
information advised all cars in the area to 
move into that area. 

Q. So your instructions were to pull 



into that immediate area? 




A. Right. Yes, sir. 

Q. And did you pull into that area? 

A. Yes, sir. 

Q. And how did you arrive into the area? 

A. We came down north on Main Street in 
front of the hotel and then down — I've 
forgotten the street. It's just north of 
there. But, anyway, back up in front of the 
Lorraine Motel and parked there. 

Q. In front of the Lorraine Motel? 

A. Yes, sir. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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861 

MR. PEPPER: Your Honor, may I 
show this to the witness? 

THE COURT: You may, yes. 

Q. (BY MR. PEPPER) Mr. Hodges, can you 
see this graphic drawing? 

A. Yes. 

Q. Now, there's Butler Avenue on one 
side and Huling on the other. 



A. Yes, sir. 




Q. Mulberry and South Main. Which route 
did you take to come into the area? 

A. I would have came in on South Main to 
Ruling Avenue, east on Ruling and then south 
on Mulberry Street. 

Q. You turned right on Mulberry and went 
south? 

A. Right. 

Q. And where did you park your car? 

A. Just about — I guess right at the 
edge of the dark green area just to the - 
right along in there somewhere where the 
squad car was parked. 

Q. Right here on the west side of 
Mulberry? 

A. Right. Yes, sir. 

DANIEL, DILLINGER, DOMINSKI, RICRBERGER, WEATREREORD 
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862 

Q. Row long was this after the shooting? 

A. Whatever time it would take me 
from — to get — that length from the 
Third — Third and Crump area to there. 




Q. Could you estimate that for the 
jury. They're not necessarily familiar. 

A. Five minutes maybe. I don't know if 
it took that long. Maybe three. It's not 
that far up there. It's just a short 
distance up there. 

Q. Maybe even three minutes? 

A. Yes, sir. 

Q. Very quickly. 

A. Yes, sir. 

Q. And you came in north on South 
Main - 
A. Right. 

Q. — made this right turn on Ruling. 

A. Yes, sir. 

Q. Now, when you made the right turn on 
Ruling, were you going at a pretty fast clip? 

A. But at that — at the time we got to 
the — probably about where the fire station 
is, we had slowed down because we was kind 
of - to observe, you know, anything - 

DANIEL, DILLINGER, DOMINSKI, RICRBERGER, WEATREREORD 



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863 



anybody that might be running in the area or 
anything like that. But we were still moving 
on to that area. But we was more alert to 
our surroundings is what we were. 

Q. Okay. Now, did you see anybody or 
any cars moving quickly on South Main? 

A. No, sir, we did not. 

Q. Did you see any pedestrians on the 
sidewalk that came to your attention? 

A. Not that I recall, no, sir. 

Q. As you turned the corner at Ruling 
and went down Ruling — east on Ruling, did 
you see any movement at all? 

A. No, sir, not that I recall. 

Q. Not at that time? 

A. No, sir. 

Q. Did you notice any cars parked there 
at all? 

A. On Ruling? 

Q. Yes. 

A. No, sir, I don't recall whether there 
was any or not. I don't know to be honest 




with you. 

Q. That's fair enough. And then you 
turned onto Mulberry. Now, at the time you 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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864 

arrived, had they set up barricades yet here? 

A. No, sir, they hadn't. 

Q. So they hadn't — the police had not 
yet arrived to block off Mulberry. 

A. No, sir. 

Q. Because they did block off Mulberry 
on both ends; did they not? 

A. No, sir, they were not blocked when 
we arrived on the scene. 

Q. So you were able to proceed unimpeded 
in through here. 

A. Right. 

Q. To this spot here? 

A. Yes. 

Q. Now, when you turned onto Mulberry, 
did you notice any movement on the street? 



A. No, sir, none other than police 




officers was all I had seen. 



Q. You saw some — and where did you see 
the police officers? 

A. There was some in front of the — on 
the east side of the street and also a few 
officers on the west side of the street 
there. 

Q. Were there some officers — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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A. In that general area right in there. 

Q. In and around this area here? 

A. Yes, sir. 

Q. Did you notice any firemen? 

A. No, sir, not right offhand. I don't 
recall seeing any. 

Q. And you didn't — did you notice 
anybody on this sidewalk here? 

A. Could have been some police 
officers. They was — I believe there was 
some police officers on the sidewalk at that 



time. 




Q. Okay. So you parked your car right 
around here. 

A. Yes, sir. 

Q. What kind of car were you driving? 

A. A black — I believe it was a '67 
Ford. I'm not sure in that squad car — a 
regular squad car. 

Q. And what was the color of the regular 
squad car? 

A. It was black — solid black all over. 

Q. Solid black? 

A. Yes, sir. 

Q. Is there a difference in the color 

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between the squad cars and the traffic cars? 

A. Yes, sir. The traffic cars were 
white, best I remember, during that time. 

Q. So the Memphis Police Department 
traffic cars were white and the regular squad 
cars were black. 



A. Yes, sir. 




Q. Now, were you alone in your squad 
car? 

A. No, sir, there was two other officers 
with me. 

Q. Who were those officers? 

A. J.D. Hodges, and I don't recall the 
other officer's name. 

Q. You don't remember his name. 

A. There was two rookie officers that 
was just out of the police academy. 

Q. Where was Patrolman Torrence 
Landers? Do you recall him? 

A. Yes, sir. I knew — I knew Officer 
Landers. At the time I arrived on the 
scene? 

Q. Yes. 

A. I believe that we had already — was 
up and behind the building there behind the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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hotel when I ran into him. I believe that 



was the first time that I had ran into him. 




Q. So you didn't see him when you were 
in this — 

A. No, sir, I don't recall seeing him 
down on the street. No, sir. 

Q. Now, you exited your vehicle. 

A. Yes, sir. 

Q. And when you exited your vehicle, did 
you look around and see what was going on? 
A. More or less just looking for a 
commanding officer. Because on a scene, 
normally you report to the officer on command 
and the officer on the scene so he could 
assign to you wherever he wanted — whatever 
he wanted you to do. 

Q. Did you find the commanding officer? 

A. Yes, sir, we did. 

Q. And who was the commanding officer? 

A. Lieutenant Cochran. 

Q. Lieutenant Cochran? 

A. Yes, sir. 

Q. He was there ahead of you? 

A. Yes, sir, I believe he was assigned 



to homicide at that time. 




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Q. So he would have worked under 
Inspector Eddie Zachary? 

A. Yes, sir, he would have. 

Q. And what did Lieutenant Cochran 
instruct you to do? 

A. Well, he instructed us to go up to 
behind the building area there. And I don't 
know what he told the other officers. But to 
me — he wanted me — he took a measurement 
there. No, excuse me. We went up and just 
looked in the general area around the 
building there to start with. And later on I 
helped him with some measurements there. 

Q. Okay. Well, let's understand. You 
parked here, you met Lieutenant Cochran 
where, somewhere on Mulberry Street? 

A. Somewhere right along that area right 
here. 

Q. In this vicinity. You exited your 
car, you met him. Did you notice what was 




going on over at the Lorraine Motel? 



A. No, sir, I didn't. I just seen some 
people over there. That's all I could see. 

Q. And you met Lieutenant Cochran, and 
he instructed you to go up behind the rooming 

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house. 

A. Yes. Both myself and the two 
officers with me was just checking the 
general area for anybody. 

Q. And you were advised to go up into 
this brush area here? 

A. Yes, sir. 

Q. Now, how did you climb that wall? 

A. I don't recall. I believe there was 
a drum somebody had placed down there — a 
55-gallon drum or something, best I 
remember. But I know we did have trouble 
getting over because it was a fairly high 
wall there next to the street. 

Q. How high would you say that wall was? 




A. Oh, best of my recollection, probably 
at least six foot I would think. I'm not 
sure. 

Q. So you put this drum — 

A. No, sir, I didn't. I think some of 
the other officers — 

Q. The drum was already there? 

A. Yes, sir, I think some of the other 
officers had already placed it there. 

Q. Was this drum standing upright? 

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870 

A. Yes, sir. 

Q. And was it close to the wall? 

A. Yes, sir, it was right up against the 
wall. 

Q. And where was it in the area of the 
wall? 

A. Best I remember, it was down close to 
where we parked the squad car, right in that 
area — right along in there somewhere, yes. 



sir. 




Q. In here? 

A. Yes, sir. 

Q. Would it have been near the comer of 
the wall? 

A. Possibility it would have been near 
the comer of the wall. 

Q. By "the corner of the wall," I'm 
pointing to the northeast comer — 
northeast — 

A. Yes, sir. 

Q. — section of the wall. All right. 

So you jumped on that drum, did you? 

A. Yes, sir. Best I remember I got up 
there, yes. Because I recall it was the — 
the wall was fairly high. It would have been 

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difficult to climb up on. 

Q. How tall are you? 

A. Six foot. 

Q. You're six foot? 



A. Yes, sir. 




Q. And how tall was this drum? 

A. Well, a 55-gallon drum, probably 3 
foot. 

Q. About 3 foot? 

A. Yes, sir. 

Q. So if you stood upright on that drum, 
the top of your head would have been about 9 
feet above the ground? 

A. Probably. Something like that, yes, 
sir. 

Q. Do you recall standing on the drum — 
standing upright? 

A. No, sir, I do not recall that. 

Q. What did you do? How did you climb 
up? 

A. I would have got on the drum and then 
pushed myself up on the wall and made my way 
through the — it was real brushy, that area 
was. It was quite — 

Q. Okay. Can you describe that area 

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872 




that you made your way through? 

A. Yes. It was real thick brush and 
stuff in there. It was quite difficult to 
get through. It was overgrown really bad. 

Q. It was overgrown really bad? 

A. Yes, sir. 

Q. It was really thick brush? 

A. Yes, sir. Once you got past the 
initial — I would say kind of like a hedge 
area, it was weedy, but you could walk right 
behind the building there. 

Q. Well, that's way in here — 

A. Yes, sir. 

Q. — behind the building. 

A. Yes, sir. 

Q. But in this area here — 

A. Yes, sir. 

Q. — it was thick — 

A. Yes, sir. 

Q. — in the bushes. What did you do 
when you sort of fought your way through 
these bushes? 

A. Where I went to first I'm not really 




sure. But I just remember checking the sides 
of the building to my right to the area in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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873 

there. Too, of course, on the way in there 
we was kind of checking the best we could 
within the weed area itself where it was 
overgrown, you know, looking around in 
there. 

And I came up to the — then to the 
back part of the building right in there, and 
I worked myself around the comer to your 
right — right around like that into the open 
area right in there between the building. 

Q. Okay. So you're telling us that you 
came up to the back of the — 

A. Yes, sir. 

Q. — this wing — the northern wing of 

the rooming house and worked your way around 

this corner. 

A. Yes, sir. 

Q. And there is an alley way between the 




two wings of the rooming house — 

A. Yes, sir. 

Q. — is that right? And did you go 
down into that alley way in that area? 

A. Yes, sir. I didn't get into the 
alley way itself. I moved just a short 
distance around the corner of the building 

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874 

there when I found a — a footprint. 

Q. Now, you found then a footprint. 

A. Yes, sir. 

Q. Where did you find that footprint? 

A. The best I remember — wasn't — it 
was close just as I come around the corner 
just a short distance. I ran into it right 
along in there somewhere. I'm not really — 
as far as foot wise, I wouldn't say how far. 

I couldn't recall. It was just around the 
comer shortly — after I stepped around the 
comer, I did observe it. 



Q. Was it a very distinct footprint? 




A. Yes, sir. I had no trouble seeing 
it. 

Q. Did it appear to you to have been 
freshly made? 

A. Yes, sir, at that time it did appear 
to be a fresh print. 

Q. Was there more than one footprint? 

A. No, sir. One was all I can recall 
observing. 

Q. Somehow you saw this one, what 
appeared to be, freshly made footprint right 
in this area here. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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875 

A. Yes, sir. 

Q. What did you do after you discovered 
the footprint? 

A. One of the officers — I believe I 
spoke to one of the officers and told him to 
advise Lieutenant Cochran that I had located 
a footprint. And he sent word back for me to 
stay with the print until he had one of the 




other officers arrive on the scene. He 



wanted to take a cast of it. 

Q. Now, Mr. Hodges, do you recall in 
which direction that footprint was pointing? 

A. Best I remember, it was — let's 
see. That would have been west. It would 
have been pointing west. 

Q. It was pointing actually toward the 
alley way? 

A. Right. Yes, sir. 

Q. Now, Mr. Hodges, did any of your 
group follow that footprint down the alley 
way to the entrance to the basement of this 
rooming house? 

A. I don't know because I — I stayed 
with the cast. And as soon as they got 
there. Lieutenant Cochran had me to — he 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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876 

wanted to do some measurements to the bullet 
directly from the rooming house to the 
Eorraine Motel over there. And I stayed with 




him, so I don't know if any of the 
officers — I didn't myself, and I don't — I 
didn't see any other officers go down. 

Q. So you just remained with the 
footprint. 

A. Yes, sir. 

Q. Now, how long after the shooting — 
now, we're trying again to get you to try to 
recall time frames. How long after the 
shooting would you say you actually had come 
upon that footprint? 

A. 15 minutes at the most I would 
think. Because he assigned us immediately 
when we got there and told us to start 
scouring the area, looking, you know. And 
that was — I came up behind — through the 
brush to that point. And there was other 
officers — I wasn't the only one in the 
brush. There was other officers looking in 
there also. And I came to that area and 
around the comer of the building there, and 
that's when I — I would say probably a 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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877 

maximum of 15 minutes. 

Q. A maximum of 15 minutes after the 
shooting you found this footprint? 

A. Yes, sir. 

Q. What were the other officers who were 
in the area doing? 

A. Basically same as I was. Just 
trying — working their way through the heavy 
brush to see if they could locate anything or 
anything like that. Those that I seen. Now, 
there was a lot of officers because the brush 
was so thick that I didn't see. I was just 
noticing the officers that was close to me. 

Q. Do you recall the names of any of the 
other officers you saw in that brush area? 

A. No, sir, I do not. Just only — 

Landers is the only one that I actually 
call — recall that was there. There were 
the two officers that were with me. 

Q. Was Lieutenant Cochran informed that 
this footprint was pointing down the alley 




toward the basement? 



A. Not to me. He might have been 
informed by — one of the other officers 
might have told him, but I didn't tell him. 

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I just told him I had a footprint. 

Q. Did you know Lieutenant Earl Clark — 

A. Yes, sir. 

Q. — at that time? In the time that 
you were in this area after the 
assassination, did you see Lieutenant Earl 
Clark anywhere in sight? 

A. I do not honestly recall or remember 
seeing him. I could have, but I just don't 
remember. 

Q. But you don't remember seeing him. 

A. Yes, sir. I don't remember offhand, 
no, sir. 

Q. What kind of uniform were you wearing 
on that day? 



A. The standard uniform would have been 




dark blue trousers and the blue shirt — 



light blue shirts, I think, best I remember. 

Q. Would any officers have worn a white 
shirt at the time? 

A. Yes, sir. Your commanding officers 
would have had white shirts on that was in 
uniform. But as far as the patrolmen, they 
would have the same uniform on that I did. 

Q. Would lieutenants and captains have 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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worn — 

A. Yes, sir, lieutenants and above would 
have white shirts on. 

Q. They would have white shirts on. 

A. Yes, sir. 

Q. Thank you. How long do you recall 
remaining with this footprint? 

A. Maybe five, ten minutes at the most. 

I would say just as soon as he got somebody 
up there, I went on and checked with him to 



make the measurements. 




Q. So you went to other duties after 
that — 

A. Yes. 

Q. — but in this — still in this 
vicinity? 

A. Yes, I was in that same general area, 
yes, sir. 

Q. Did you at any time enter the rooming 
house itself? 

A. No, sir, I did not. 

MR. PEPPER: That's fine. Thank 

you very much, Mr. Hodges. Nothing further. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

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Q. Mr. Hodges, I believe this area was 
the area in fact — I think you call them 
bushes or brush or something like that. 

A. Yes, sir. 

Q. Was that a very thick area — was it 



difficult to walk in? 




A. Yes, sir, it was. 



Q. And were there a lot of limbs? 

A. Yes, sir. 

Q. Were there leaves on the bushes and 
trees? 

A. I believe that — that some of them 
had begun to fall off, but I do not recall to 
be honest with you. 

Q. How high were the bushes and trees? 

Were they over your head? 

A. Oh, yes, sir. 

Q. They were that high? 

A. Yes, sir. 

Q. Do you recall the ground area 

there? Was it muddy or dry or do you recall 

how it was? 

A. Best I remember, it was — had a 
little moisture in it because I recall that 
the impression of the footprint was 

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881 



distinct. You had no trouble telling that it 




was a footprint. So I assume there was a 
little moisture in the ground. 

Q. Now, when you say a footprint — it 
was just one print of a shoe? 

A. Yes, sir. 

Q. You didn't find anything but one 
print of a shoe? 

A. That's all. 

Q. It was headed west? 

A. Yes, sir. 

Q. Would that be in the direction of the 
back of the rooming house or toward the fire 
station? 

A. Well, it would have been towards the 
river, towards the front of the rooming 
house. 

Q. How far was it — how far was it away 
from the back of the rooming house there 
would you say? 

A. Well, actually it was the side of the 
rooming house there. 

Q. Oh, I see. 

A. Maybe two or three foot away from the 




side of the building on the south side. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Q. Okay. And did you see a door around 
there on the rooming house in that area — 
did you see any door entry? 

A. I don't recall, no, sir. 

Q. Let me ask you, how would you 
describe the print? Was it what you call a 
large one, a small one, a medium one? In 
other words — it was a shoe print; am I 
correct? 

A. It was a shoe size, yes, sir. 

Q. All right. And did it have any 
markings on the sole of the shoe that you 
could distinguish? 

A. No, sir, best I can remember it did 
not have any distinguishing marks. It was 
maybe a 10 or 1 1 size shoe — just rough 
estimate. 

Q. A 10 or 1 1 size shoe of a man — did 



it appear to be a man's shoe? 




A. Yes, sir, it was a man's shoe. 



Q. When you said it appeared to be 
fresh, what did you mean by that exactly? 

Does that mean that it was just made a few 
moments before or the day before? 

A. Well, it hadn't been there long to 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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883 

get any trash or to deteriorate or anything 
like that. There was enough moisture in the 
ground that there was a good impression. And 
normally, as woody as it was around there and 
trashy, there would have been trash if it had 
been there very long, it would have got blown 
in. 

Q. Let me ask you something, 

Mr. Hodges. When you walked back there, did 
your shoes leave tracks? Was it muddy enough 
that you left tracks? 

A. I don't recall about that. I really 
don't. 



MR. GARRISON: That's all. 




Thank you. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Mr. Hodges, what was done with that 
cast that was made? 

A. I have no — I assume homicide — 
well, at that time homicide would have been 
handling the scene. And I have no idea what 
they did with it. 

Q. So you just — you just stayed by 
it. And they came — 

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A. They came and I left. I didn't even 
see them make the cast. I left before they 
even poured the cast. 

Q. Did you ever hear about what 
happened? Did you ever inquire about what 
happened to that footprint? 

A. No, sir, I didn't. I think I had 

seen some pictures at one time of the cast. 



But as far as the actual cast, I don't recall 




whether I've seen it or not. I don't believe 



I have. 

Q. And Lieutenant Cochran or anyone else 
never told you what happened to it? 

A. No. 

Q. Or what investigation was done? 

A. No, sir. 

Q. Once again, to the best of your 
knowledge, did you see any police officers 
going into or coming out of the basement of 
that rooming house — 

A. No, sir, I did not. 

Q. — at that time? 

MR. PEPPER: Nothing further. 

THE COURT: All right, sir, you 
may strand down. You're free to leave. 

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885 

THE WITNESS: Thank you, sir. 

(Witness excused.) 

THE COURT: Call your next 



witness. 




MR. PEPPER: Your Honor, if it 



please the Court, plaintiffs have a short 
affidavit to put into the record from 
Reverend James Orange. Reverend Orange's 
sister-in-law died, and he was due to testify 
and he had to attend a funeral that was 
called yesterday in Detroit. 

This is an affidavit — a statement 

that he gave under oath some while ago. This 

is the affidavit of Reverend James Orange. 

"James Orange, care of Martin 

Euther King Center Eor Non-Violent Change, 

449 Auburn Avenue, Atlanta, Georgia, being 
duly sworn deposes and says: In 1968 I was a 
member of the Executive Staff of the Southern 
Christian Eeadership Conference. And in 
April of that year, I returned with the staff 
to Memphis, Tennessee, as a part of SCEC's 
efforts on behalf of the strikes being 
mounted by the Sanitation Workers. 

"On April 4 we were in Memphis 

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preparing for a march which was necessitated 
by the eruption of violence on the previous 
march which was attempted on March 28th. On 
that day the Reverend James Bevel and I were 
driven around by Marrell McCullough, a person 
who at that time we knew to be a member of 
the Invaders, a local community organizing 
group, and who we subsequently learned was an 
undercover agent for the Memphis Police 
Department and who now works for the Central 
Intelligence Agency. 

"It was later in the afternoon when 
he brought us back from a meeting to which he 
had driven us and both Reverend Bevel and I 
noticed that he took us back a different and 
longer route than we took when going. In 
fact, I recall that Jim raised the question, 
though I do not remember McCullough's 
response. In any event, when we returned to 
the Lorraine parking lot, it was about five 
minutes to six. And Bevel and I started 
wrestling and joking about below the 




balcony. 

"We continued the horseplay for a 
short while before the shot. After the shot, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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887 

we ducked down. And the first thing I saw 
was Dr. King's leg dangling over the 
balcony. When I saw the leg, that's when I 
looked back and saw the smoke. It couldn't 
have been more than five to ten seconds. The 
smoke came up out of the brush area on the 
opposite side of the street from the Lorraine 
Motel. I saw it rise up from the bushes over 
there. 

"Erom that day to this time I have 
never had any doubt that the fatal shot, the 
bullet which ended Dr. King's life, was fired 
by a sniper concealed in the brush area 
behind the derelict buildings. I also 
remember then turning my attention back to 
the balcony and seeing Marrell McCullough up 
on the balcony kneeling over Dr. King looking 




as though he was checking Dr. King for life 
signs. 

"I also noticed quite early the 
next morning, around 8 or 9 o'clock, that all 
of the bushes and brush on the hill were cut 
down and cleaned up. It was as though the 
entire area of the bushes from behind the 
rooming house had been cleared. They were 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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888 

cut to the ground. The police was all over 
the place within minutes covering both the 
Mulberry and the South Main Street areas. 

"I will always remember the puff of 
white smoke and the cut brush and having 
never been given a satisfactory explanation. 

When I tried to tell the police at the scene 
as best I saw it, they told me to be quiet 
and get out of the way. I was never 
interviewed or asked what I saw by any law 
enforcement authority in all of the time 



since 1968. 




This was executed on the 20th day of 
January previously in 1993, Reverend James 
Orange. We move admission of this affidavit, 

Your Honor. 

(Whereupon said document was 
marked as Trial Exhibit Number 13.) 

MR. PEPPER: Your Honor, 
plaintiffs call Mr. Jim Smith. 

JAMES W. SMITH, 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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889 

Q. Good afternoon, Mr. Smith. 

A. Good afternoon. 

Q. Thank you for coming here this 
afternoon. Eor the record, are you here 
voluntarily or under subpoena? 

A. Under subpoena. 

Q. Would you state your full name and 




city address for the record. 

A. James W. Smith, Memphis, Tennessee. 

Q. Thank you. Mr. Smith, were you 
previously employed by the Memphis Police 
Department? 

A. Yes. 

Q. And for how many years did you work 
with the Memphis Police Department? 

A. About seven. 

Q. Would you tell us that time frame, 
please. 

A. From '64 to '70. 

Q. And what was your position with the 
Memphis Police Department at that time? 

A. At which time? I served a lot of 
different — during that time period a lot of 
different assignments. 

Q. Why don't you just walk us through 

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890 

the positions that you had from '64 on. 

A. Okay. Started uniform patrol, worked 




vice squad, worked special services, pretty 
much that — plain clothes. 

Q. What position did you hold in 1968? 

A. In '68, special services. 

Q. Special services. Would you describe 
for the jury what special services entails. 

A. Well, it — some of the assignments 
that I worked in special services was during 
the Sanitation Strike — surveillance, escort 
on the garbage trucks, plain clothes 
assignments, uniform assignments, worked riot 
control. 

Q. Were you involved in riot control on 
the afternoon of the 28th of March? 

A. On the morning of. 

Q. On the morning of the 28th of March. 

A. 28th of March, yes, sir. 

Q. And would you describe what your 
assignment was and what you did on that 
morning of the 28th of March. 

A. I was assigned to a tactical squad — 

TAG 5. 1 was assigned at the Memphis Fire 
Station Number 2 until the parade started. 




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891 

and then we were moved up to the parade 
route. 

Q. And when you moved up to the parade 
route, where exactly were you located? 

A. On the first move we were moved to 
Eront and McCall. On the second move they 
put us down to Main and McCall. 

Q. And where is McCall? It's obviously 
off this drawing. 

A. Yes. I don't think that street is 
there anymore at all. But it's — was a — 
across the street from where the Light, Gas 
and Water is now. McCall came in right 
there. 

Q. And what was your formation at that 
time? 

A. We were in the tactical squad. The 
formation was a wedge formation. 

Q. And could you describe a wedge 



formation. What does that mean? 




A. A wedge formation is like this, and 
it's designed to move into a crowd to 
disperse it. 

Q. All right. Were you spread across 
South Main Street at that time? 

DANIEL, DILLINGER, DOMINSKI, RICH] 

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892 

A. We were on Main just south of Beale 
Street. 

Q. Just south of Beale Street. But did 
you — did your wedge — your formation take 
up — spread entirely across the street? 

A. Well, there were 12 officers and a 
lieutenant, so I would guess we had six on 
each side of the wedge and the lieutenant in 
the middle. 

Q. And is that where you were located 
when the march began? 

A. Yes. 

Q. What did you — what did you observe 
after the march began? 

A. We observed the march coming up Beale 



WEATHEREORD 




Street. And just as it approached Main 
Street, we observed some people started 
breaking windows. 

Q. You heard some shattered glass? 

A. Yes. 

Q. And where was that glass being 
shattered, did you — 

A. All along Beale Street there near 
Main. There was also one person trying to 
knock the window out at the — what's the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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893 

Orpheum Theater now. I think it was a movie 
house at that time. 

Q. Well, did you see anyone breaking any 
windows between your formation and the 
marchers? 

A. Yes. They were on each side of the 
march. They were on the sidewalk, and the 
march was in the street. 

Q. Okay. So windows were being broken 



behind the line of march and in front of the 




line of march between the police formation 
and the marchers. 

A. Right. 

Q. Did you or your unit do anything at 
that time to apprehend the people who were 
breaking the windows in front of the march 
line between you and the marchers? 

A. No, that was not our assignment. 

Q. What — what do you mean that wasn't 
your assignment? 

A. Well, they had other officers there 
that would tend to that type of activity. We 
were there only to prevent anyone from coming 
south on Main Street. 

Q. So you were told not to break the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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894 

formation? 

A. Right. 

Q. Was that the usual instruction when 
you were in that formation? 

A. Right. If you break the formation. 




you're just an individual acting on your 



own. 

Q. Did you see any of the other officers 
interfering with the people or apprehending 
people who were breaking the windows in front 
of the march area? 

A. Well, shortly after that, things 
really broke up. 

Q. Well, before things broke up, the 
marchers started proceeding, you're in 
formation, windows are starting to be 
broken — before things broke up, was there 
any attempt to apprehend people who were 
breaking the windows? This is before the 
march broke up now. 

A. I didn't see — see that. 

Q. You didn't see any. Does that seem 
strange to you? 

A. Well, I really had my hands full 
worrying about what I had to do, and I didn't 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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895 




really pay attention to what the other 
officers would be doing. I was aware of the 
windows breaking, and I knew we had to 
maintain our formation. 

Q. Okay. Now, as the marchers 
approached up South Main Street toward you, 
what — could you describe, please, what 
happened next. 

A. Well, another group started throwing 
bricks. They had just demolished a building 
there, the old M & M building. And bricks 
were stacked up there. And some people not 
in the march started throwing bricks, and 
that's when the march started breaking up. 

Q. At whom were they throwing those 
bricks? 

A. They were just throwing them. Anyone 
that was out there would have gotten hit by 
them. 

Q. And what was the response of your 
unit as these bricks started to be thrown 
around? 

A. Well, when the bricks started raining 




down, they were coming down on the marchers 
and everybody. And as people started south 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

896 

on Main, we moved up to block them from 
coming on Main. 

Q. Which people? 

A. Everybody. Anybody on the street 
that was coming south on Main. 

Q. So people started running or - 
forward on South Main? 

A. They ran in all directions. But 
anybody that came south on Main we were 
supposed to turn back the other way. 

Q. Your instructions simply were just to 
prevent them from going any further — 

A. Right. 

Q. - as they reached you. 

A. Containment. 

Q. To contain them. Were you able to do 
that? Were you able to contain them? 



A. No. 




Q. What happened? 

A. First thing that happened, somebody 
got behind us and our lieutenant went down. 

And as we tried to help him, things broke up 
and everybody was pretty much on their own. 

Q. So it just became chaotic; is that 
right? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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897 

A. Very much so. 

Q. During all this melee, did you see 
Dr. King anywhere? 

A. He was hustled away as soon as all 
those bricks started. 

Q. So around the time that the bricks 
started being thrown, he was taken away — 
taken out of the area? 

A. When I saw him, they were ushering 
him away. 

Q. You saw him taken away. 

A. And I didn't keep up with any 



movements after that. 




Q. Did you ever recognize any of the 
people who were throwing bricks or breaking 
windows in front of you? Had you seen any of 
those people around? 

A. I didn't recognize any of them. 

Q. Didn't recognize any of them. 

A. Huh-uh. 

Q. Now, this was on March 28th when this 
all happened. Let's back up to Dr. King's 
first visit to Memphis related to the 
Sanitation Workers Strike which would have 
been on March 17th. He was in Memphis on 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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898 

March 17th and 18th and delivered a speech. 

Do you recall that visit? 

A. Yes. 

Q. Do you know where he stayed during 
that visit? 

A. At the Rivermont. 

Q. At the Rivermont Hotel. Did you have 



an assignment on that visit? 




A. Yes. 



Q. And what was your assignment during 
the eourse of that visit of Dr. King's? 

A. I was told to meet the Feds at the 
dead-end of Calhoun Street on the river 
bluff. 

Q. I'm sorry. Could you repeat that, I 
didn't hear it. 

A. My assignment that day was — I was 
on a surveillanee at Danny Thomas and Crump, 
and I was pulled from that and sent to the 
dead end of Calhoun Street on the river bluff 
to meet the Feds. 

Q. Okay. You were sent to the dead end 
of Calhoun Street — pulled off another 
assignment and sent to the dead end of 
Calhoun Street. And what was your role in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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899 

the place that you were sent? 

A. Keep vehicular and pedestrian traffic 



out of that area. 




Q. To keep vehicular and pedestrian 
traffic out of that area. Did you learn why 
you were given that assignment? 

A. I'm not sure I understand your 
question. 

Q. Well, why did they want to keep 
pedestrian and vehicular traffic out of the 
area at that time? 

A. I learned the next day that there was 
a surveillance going on down there. 

Q. There was a surveillance going 
down — going on where? 

A. In that area. 

Q. In that area. 

A. Right. 

Q. And who was the target of that 
surveillance? 

A. I was told it was Dr. King. 

Q. Dr. King was under surveillance. And 
how was that surveillance being conducted? 
A. Hearsay. Electronic surveillance. 

Q. Well, did you - did you see yourself 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




(901)529-1999 



900 

a van out of which the — you came to believe 
that surveillance was being conducted? 

A. Yes, sir. 

Q. Did you see at any time any equipment 
in that van? 

A. Yes, sir. 

Q. What was the nature of the equipment 
that you saw? 

A. It looked like radio equipment. 

Q. And was that radio equipment manned 
by officers? 

A. Yes. There were two people in there. 

Q. There were two people in there. Were 
they Memphis Police Department officers? 

A. No. 

Q. What was your — what is your opinion 
of where they came from or who they were? 
A. Well, I was told to meet the Feds, so 
I assumed they were Feds. 

Q. They were federal agents of one sort 



or another? 




A. Right. 

Q. Is it true that at one time you 
thought they might have been FBI agents? 

A. Yes. At that time when I heard the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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901 

word "Eeds," I just assumed EBI. 

Q. But have you subsequently come to 
believe that they were not EBI agents? 

A. I've been told that they weren't. 

Q. So they were federal agents from some 
other federal agency. 

A. Some federal agency, yes, sir. 

Q. Now, Mr. Smith, how is that kind of 
electronic surveillance normally conducted? 

Would you just explain — because you were 
involved in the intelligence operations and 
surveillance. How would that kind of 
surveillance operation be conducted? How 
would they be receiving spoken word in that 
van? 



A. I would imagine they would be 




monitoring some kind of transmitter. 

Q. And would that transmitter have to be 
in Dr. King's suite at the Rivermont CHECK? 

A. It would — if that's who they were 
monitoring, it would have to be near that 
person, yes, sir. 

Q. Did you ever come to learn that there 
was microphonic — that there were 
microphones installed in his suite that was 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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902 

transmitting into that van? 

A. That was the — that was my 
understanding. 

Q. Yes. Would those microphones have 
been in every room of the suite? 

A. There's a good possibility, yes. 

Q. Would they conceivably have been also 
out on the balcony picking up any 
conversations out there? 

A. There — there could be, but I'm not 
sure they would get a good, clear return on 




something like that. 

Q. Now, you weren't a part of the group 
that did the actual installation. 

A. No. 

Q. Who would have done the actual 
installation of those microphones in 
Dr. King's suite? 

A. It would be a guess on my part. But 
someone connected with the people in the van. 

Q. It was their equipment, so that would 
make sense, wouldn't it? 

A. Yes. 

Q. Did you ever have any discussions 
with the — any of the officers — any of the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

903 

people in the van? 

A. A couple times I was sent to get 
sandwiches and drinks. But other than that, 
no real conversation. 

Q. Did they ever tell you what they were 
doing? 




A. No. 



Q. They ever discuss what they were 
doing with you? 

A. No. They just told me to keep 
vehicular and pedestrian traffic out of that 
area. 

Q. Keep traffic away from where they 
were. And exactly where was this 
surveillance van located? 

A. It was on the bluff overlooking 
Riverside Drive across from the Rivermont. 

Q. Are you aware of the fact that 
throughout this — this sad and sorry history 
that the Federal Government has always denied 
having Martin Luther King under surveillance 
when he was in Memphis prior to his 
assassination? 

A. I'm not sure I understand that 
either. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

904 



Q. Well, the question is: Were — are 




you aware that the government — that the 
Federal Government has consistently denied 
having Dr. King under surveillance when he 
was in Memphis? 

A. No, I wasn't aware of that. 

MR. PEPPER: Thank you. Nothing 
further. 

THE COURT: Mr. Garrison? 

MR. GARRISON: I have no 
questions of this witness. Thank you. 

THE COURT: All right, sir. 

You're free to leave. Thank you very much. 
(Witness excused.) 

THE COURT: Does anybody on the 
jury need a break? All right. Call your 
next witness. 

MR. PEPPER: May we approach. 

Your Honor? 

(A bench conference was held at 
sidebar outside the hearing of the jury.) 

THE COURT: All right. Eadies 

and gentlemen, while they're lining up the 

next order of proof, we're going to take a 




short break. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

905 

(Brief break taken.) 

THE COURT: Bring the jury out, 
please. 

THE SHERIEE: Yes, sir. 

(Jury In.) 

THE COURT: Mr. Pepper, call 
your next witness. 

MR. PEPPER: Your Honor, 
plaintiffs call Barbara Reis to the stand. 

THE COURT: Barbara Reis. 

MR. PEPPER: She's in the 
courtroom. Your Honor. 

THE COURT: Barbara Reis, come 
around, please. 

BARBARA REIS, 

Having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 



BY MR. PEPPER: 




Q. Ms. Reis, would you state your full 



name and address for the record. 

A. Barbara Reis, REIS, 167 Avenue 

Way, Apartment 8, New York, New York 10009 

Q. Ms. Reis, what do you do for a 

living? 

DANIEL, DILLINGER, DOMINSKI, RICHBEF 

(901)529-1999 

906 

A. I'm a journalist. 

Q. And for whom do you work? 

A. Eor Publico. It's a Portuguese 
newspaper. 

Q. Is Publico a large Portuguese 
newspaper? 

A. It's the leading daily newspaper in 
Portugal. 

Q. Were you the — the correspondent of 
Publico in the United States? 

A. Yes. 

Q. Are you taking this stand willingly? 

A. No, I'm not. 

Q. Would you rather not testify about 




WEATHEREORD 




the events about which I am going to question 
you? 

A. Yes, as I stated many times. 

Q. Ms. Reis, what are your reasons for 
not wanting to testify about these events? 

A. Because I came to Memphis to cover 
the trial, and I don't feel it's — it's my 
place to change from that batch to this one. 

Q. Do you believe that your testimony 

here in any way could compromise your — your 

professional integrity? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

907 

A. I think in a way, yes. 

Q. Even though you are not testifying 
voluntarily and you have been — you have 
been called against your will? 

A. Yes. 

Q. How long have you been here in 
Memphis covering this — these proceedings? 

A. Since Sunday. 

Q. You are aware of the fact that this 




section of plaintiffs' case has been 
dealing — it's disjointed to some extent 
because of witnesses coming and going and 
problems — but basically dealing with the 
issue of the existence of a man called 
Raul. 

A. Yes. 

Q. And you are aware of the fact that 
plaintiffs believe on the basis of evidence 
that Raul is a native of Portugal. 

A. Yes. 

Q. Is that one of the reasons why you 
and your newspaper have taken an interest in 
this case? 

A. Yes. 

Q. Have you written articles about this 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

908 

case that have been published in Publico in 
Portugal? 

A. Yes. 



Q. And how long have you been writing 




articles about this case that have been 



published in Publico? 

A. Two years. 

Q. Two years? 

A. (Witness nods.) 

Q. Would you say how many articles 
you've written? 

A. Well, on — on Raul specifically, 
just two. 

Q. I'm sorry. 

A. On Raul's part — 

Q. Just on the case generally or any — 
any aspect of the case. 

A. Well, I — I did many articles two 
years ago when it was the 30th anniversary of 
the assassination. I came to Memphis. I 
covered the events that took place here. I 
reviewed many people for that — for those 
articles, and I did other stories related to 
the case. 

Q. So you have familiarized yourself 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




909 



quite considerably with the case. 

A. A little bit. 

Q. Now, how long have I known you — 
have you known me? 

A. Personally — two weeks I would say. 

Q. Not very long. 

A. No. 

Q. Do you recall where we met for the 
first time? 

A. Yes. 

Q. And where was that? 

A. At the Harvard Club. 

Q. Where? 

A. In New York City. 

Q. All right. And at that time did I 
ask you a range of questions about Raul and 
what information you might have concerning 
Raul? 

A. Yes, you did. 

Q. And did you ask me - as a reporter, 
a journalist, did you ask me a number of 



questions about the case? 




A. I did. 



Q. So there was this kind of exchange of 
information. Did you not tell me at that 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

910 

time that at one point you took it upon 
yourself, out of interest, to attempt to 
visit with Raul himself? 

A. Yes. I actually had tried that 
before. 

Q. And were you successful? 

A. No, he wasn't at home. 

Q. But you — you went to his home. 

A. Yes. 

Q. Did you at some point, in the course 
of your interest and your visit to his home, 
develop a certain understanding or obtain 
certain information from a source connected 
with the family? 

A. Yes. 

Q. Did that source tell you that these 
proceedings and these accusations had been a 




burden to the family? 

A. Yes. They felt harassed. 

Q. And that it had to some extent 
disrupted their family life? 

A. Yes. 

Q. And, in fairness, did the source also 
maintain that there was no basis, that this 
was the wrong person, not the Raul? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

911 

A. Yes. They say that absolutely they 
have no connection. 

Q. To all of that — all of that was 
laid out for you, all of that objection to 
the identification in the proceedings were 
laid out to you. 

A. They feel they are victims. 

Q. Sorry. 

A. They feel they are victims of 
mistaken — a mistake. 

Q. They feel that they are victims of 



mistaken identity? 




A. Mm-hum. 



Q. That Raul is the victim of mistaken 
identity? 

A. Right. 

Q. Plaintiff has and will be putting on 
continual evidence about — about Raul. And 
you may or may not choose to cover that and 
review that evidence yourself. But, moving 
on, did this source indicate to you that the 
government of the United States was giving 
them assistance? 

A. Not in a specific way. But the 
person mentioned they, as the government, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

912 

having visit them. 

Q. The government had visited them? 

A. The person said "they." And I asked 
who is "they." And the person said the 
government. 

Q. The government. How many times had 



the government visited them? 




A. Three times. 



Q. Three times. And what did the 
government — presumably agents of government 
here — what did the agents of government do 
when they visited them? 

A. I have no idea. It was a very brief 
conversation, and I didn't ask specifically 
what, and she didn't say what they did when 
they went there. 

Q. Well, did you have the protection — 
did you have the impression that the 
government — that she believed that the 
government was giving them some kind of 
protection? 

A. The person mentioned that they are 
protecting us. So in a way of telling me, go 
away. You won't get anything from me and, 
plus, we are protected. So she said a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

913 

general statement regarding - 

Q. We are protected, meaning the family 




is being protected? 

A. They are looking over us. That 
was — 

Q. They are looking over. 

A. That was the expression. 

Q. Looking over us. Did the source 
indicate that the government was monitoring 
their telephones? 

A. Yes. 

Q. That was a way of protecting them? 

A. Exactly. 

Q. And she was pleased, was she, that 
this activity was going on? 

A. I wouldn't say pleased. She — she 
said that, and I took note of it. We 
didn't — I guess she felt confidence, but I 
didn't get into that. 

Q. All right. So as that — as the 
conversation developed, it emerged that at 
least some comfort was being derived from 
government protection or government looking 
over them? 



A. Yes. 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

914 

Q. Government intervening after this 
difficulty began — 

A. Yes. 

Q. — for them? 

A. Yes. 

Q. Was there an indication of the fact 
that it was ongoing, this protection? 

A. At the time, yes. This was two years 
ago. 

Q. You made this visit two years ago, 
and at the time there was an indication that 
it was ongoing, this government protection? 

A. I don't know what ongoing can mean. 

But three years over — three times over 
maybe three years. So once a year I would 
say. 

Q. That there was some contact? 

A. Mm-hum. 

Q. Was there any indication of how the 



electronic monitoring or surveillance of 




their telephones was being conducted by the 
government? 

A. I have no idea. 

Q. No details of that at all? 

A. No. 

DANIEL, DILLINGER, DOMINSKI, RICH 

(901)529-1999 

915 

Q. Only that it was being done. 

A. Yes. 

MR. PEPPER: Nothing further, 

Your Honor. 

THE COURT: Mr. Garrison? 
CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Ms. Reis, how do you spell your last 
name? 

A. REIS. 

Q. I'm sorry. How long have you been 
working on this case? 

A. As I told — two to three years. 

Q. All right. Has anyone else with your 



paper worked on this case besides you? 



WEATHEREORD 




A. I'm sorry. 



Q. Has any other employee of the paper 
worked on the case besides you? 

A. No. 

Q. You're the only one? 

A. Yes. 

Q. Have you ever contacted any of 
this — well, let me back up. You learned 
and know that this gentleman, Raul, is 
from — originally from Portugal. You know 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

916 

that, don't you? 

A. Yes. 

Q. And have you ever contacted any of 
his family who still lives in Portugal? 

A. No, never. 

Q. You know Mr. Ray — you've heard that 
James Earl Ray had left Memphis after the 
assassination and ended up in Portugal. You 
know that, don't you? 



A. Yes. 




Q. Do you know anything about the fact 



that he had contacted some of this Raul's 
family in Portugal when he got there? 

A. No. 

Q. Had you ever heard that? 

A. (Witness nods.) 

MR. GARRISON: Okay. That's 
all, Your Honor. 

THE COURT: All right. You may 
stand down. 

(Witness excused.) 

MR. PEPPER: Your Honor, we have 
a short video deposition from a Mr. J. J. 

Isabel who is unavailable to testify. 

THE COURT: What do you call 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

917 

short? 

MR. PEPPER: Well, it says 46 
minutes. Your Honor. 

THE COURT: That's too long. It 
will be dark in 46 minutes. We'll have to 




start on that tomorrow. 



MR. PEPPER: Okay. 

THE COURT: All right. Eadies 

and gentlemen, we're going to stop at this 

point. 

(Court adjourned until 

Wednesday, November 24, 1999, at 10:00 a.m.) 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 




918 



IN THE CIRCUIT COURT OF SHELBY COUNTY, 
TENNESSEE FOR THE THIRTIETH JUDICIAL 
DISTRICT AT MEMPHIS 



CORETTA SCOTT KING, MARTIN 
LUTHER KING, III, BERNICE KING, 

DEXTER SCOTT KING and YOLANDA KING, 
Plaintiffs, 

Vs. Case No. 97242-4 T.D 

LOYD JOWERS, and OTHER UNKNOWN 

CO-CONSPIRATORS, 

Defendants. 



BE IT REMEMBERED that the 
above-captioned cause came on for Hearing on 
this, the 24th day of November, 1999, in the 
above Court, before the Honorable James E. 
Swearengen, Judge presiding, when and where 
the following excerpt of proceedings were 
had, to wit: 

Volume VII 



DANIEL, DILLINGER, DOMINSKI, 




RICHBERGER, WEATHEREORD 



COURT REPORTERS 
Suite 2200, One Commerce Square 
Memphis, Tennessee 38103 
(901)529-1999 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

919 

- APPEARANCES - 
Eor the Plaintiff: 

DR. WIEEIAM PEPPER 
ATTORNEY AT EAW 
575 MADISON AVENUE 
NEW YORK, NY 10022 
(212) 605-0515 
Eor the Defendant: 

MR. EEWIS GARRISON 
ATTORNEY AT EAW 
EAW OEEICES OE EEWIS K. 

GARRISON, SR. 

100 NORTH MAIN 
SUITE 1025 



MEMPHIS, TN 38103 




(901) 527-6445 



Reported by: MS. KRISTIN M. PETERSON 
Court Reporter 
Daniel, Dillinger, 

Dominski, Richberger, 

Weatherford 
One Commerce Square 
Suite 2200 
Memphis, TN 38103 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

920 

- INDEX - 

WITNESS: PAGE NUMBER 
JACK SAETMAN 
Direct Examination 

By DR. PEPPER 921 

CEAY CARSON 
Direct Examination 



By DR. PEPPER 969 

EXHIBITS 

Exhibit 14 941 



Exhibit 15 



943 




Exhibit 16 964 

Exhibit 17 966 

Exhibit 18 969 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

921 

* PROCEEDINGS * 

THE COURT: Bring the jury out. 

(Whereupon, the jury enters the 
courtroom.) 

THE COURT: Good morning, ladies 
and gentlemen. 

Mr. Pepper, are you ready to go? 

DR. PEPPER: Thank you. Your 
Honor. Your Honor, the plaintiffs call 
Mr. Jack Saltman. 

JACK SAETMAN, 

having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY DR. PEPPER: 

Q. Good morning, Mr. Saltman. 



A. Morning. 




Q. Thank you very much for coming here 
this morning on this long flight from England 
in light of your back surgery. We are very 
grateful that you have made this trip. 

Would you state for the record, 
please, your full name and address. 

A. My name is Jack Saltman, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

922 

S-A-L-T-M-A-N, and my address is Morwenna. 

That's M-O-R-W-E-N-N-A, the Causeway Claygate 
in the county of Surrey in England. 

Q. Mr. Saltman, can you tell us what has 
been your — your profession over the years? 

A. I started off as a print journalist 
in newspapers. I went into television in 
1961 and became a television producer, 
director, and, finally, editor of major 
programs in Great Britain for thirty-five 
years. 

Q. And which television companies have 



you worked with in that capacity? 




A. My two main employers were the BBC I 
worked for for sixteen years and a company 
called Thames, that's T-H-A-M-E-S, as the 
River Thames, for — also for sixteen years, 
but I also did coproductions with a number of 
American companies like Home Box Office and 
ABC television. 

Q. In actual fact, when did you have the 
first contact with the case of the 
assassination of Martin Luther King? 

A. 1978 to celebrate — celebrate is the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

923 

wrong word — to note the tenth anniversary 
of the assassination, I was asked to produce 
and direct a one-hour documentary for BBC 
television. 

Q. And was that shown in England? 

A. That was shown in Great Britain and 
sold to a number of other countries. 

Although, I'm not sure whether or not it 



played in America. 




Q. Right. And at that point in time, 

did you come to Memphis to work on that 

production? 

A. Yes, I did. I spent four or five 

days in Memphis. That's when James Earl Ray 

was in the Brushy Mountain Penitentiary. We 

saw him there, and I came to Memphis and then 

various other places. We went to New York 

and saw the former Attorney General and so 

on. 

Q. All right. So at that time now, many 
years ago, over twenty years ago, you began 
to fa mi liarize yourself with this case and 
the facts surrounding it? 

A. Yes, as I do — or as I did. I'm 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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924 

retired now — as I did with all major 
productions. I did a lot of reading so I 
read all the literature that was then 
available, and prior to doing mild research, 
we had two researchers working on the ground. 




and a lot of effort was put into the story to 
try to get the facts as right as we possibly 
could. 

Q. Right. Was there a time then some 
years later that you once again became 
involved in this case? 

A. Yes. In 1990, 1 think it was. An 
idea had been put forward to my company, 

Thames Television, that following a program I 
produced — coproduced for Home Box Office in 
America and in Britain on the Trial of Kurt 
Waldheim, the former secretary general of the 
United Nations. We held a trial for our 
trial on television, and following that, as a 
sort of example of what we could do, and I 
was approached with the view to making the 
trial of James Earl Ray. 

Q. And would you describe how that type 
of trial — documentary trial format works, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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925 



both in the case of the Waldheim trial and 




the case of the James Earl Ray trial. 

A. With enormous difficulty and colossal 
headaches, and as you well imagine, having to 
work with an awful lot of lawyers who don't 
necessarily agree. And the first problem, 
obviously, is to try and get a format that is 
legitimate because this is not what I regard 
as cheap and nasty television. 

The trial of James Earl Ray took a 
year and a quarter in the making and cost 
around about three million dollars. And we 
went to endless trouble to try and get 
everybody who was factually available, 
retired EBI agents, witnesses. 

This was not a television drama. 

This was reality insofar as we recorded 
everything over ten days, and we finished up 
with eighty, ninety hours of material. It 
was then with the agreement of both 
attorneys, we then tried to balance as a fair 
representation of all the evidence. 

The judge was a real judge. He had 
retired. He had been a federal judge in New 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

926 

York, and we had agreed that we would use 
Tennessee law. The only concessions we made 
to television as such was plainly in a 
program that was scheduled to run for four 
hours. 

We couldn't have openings speeches, 
for example, running two hours and forty 
minutes each. So we had to have some rules 
of engagement, as it were. Eor the rest, we 
stuck religiously. In both cases, the 
quality of the attorneys and the judges in 
both programs, both Waldheim and James Earl 
Ray, reflected the serious nature of what we 
did. 

In the Waldheim program, we had the 
former British Attorney General, Lord 
Ralenson(phonetic). We had Alan Ryan, who 
was the chief prosecutor for the Office of 
Special Investigation in Washington as a 



prosecutor. 




This was as serious as you could get 
on television. It must be set at four 
hours. It took a lot of effort on the part 
of the audience to watch it and follow it 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

927 

because no concessions were made to 
shortcuts. 

Q. All right. And these trials and this 
trial of James Earl Ray was tried over many 
days; is that correct? 

A. Yes. They were both recorded. My 
principle was to let the judge run the day in 
exactly the same way as His Honor will run 
today. My idea was that the cameras would 
always be on the outside looking in. We 
would never stop and say "take two" or 
anything silly like that. 

The idea was we would run 
continuously as long as the judge wanted the 
court to be in session. So we ran both cases 



for something like ten or twelve days in the 




Waldheim case; twelve — seven, eight hours 
days. We had fifty-odd witnesses two times. 

Q. And in both cases, there was no 
script at all, was there? 

A. There was no script, only a running 
order of the witnesses that their respective 
attorneys chose to call that day. The entire 
script for the day was about half a page of 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

928 

A-4, which really just said these are the 
potential witnesses to be called. That's 
all. 

Q. And the juries were chosen according 
to usual jury selection procedures? 

A. To get a jury, I think my total bill 
was sixty-four thousand dollars. That's a 
good question. I had employed a company to 
send them — first of all, I got three cities 
agreed between both attorneys that they 
thought they were fair cities to attract 



jurors from. 




For example, New York was regarded 
as too liberal a state so that was refused by 
the prosecution, and we sent these private 
detectives to select or to choose. 

We finished up interviewing — I 
think there was twelve hundred and something 
jurors. Out of which, we came down to a 
hundred and something, which, together with 
the two attorneys, we then played videotapes 
of them answering the voir dire questions. 

At the end of which, we tried to 
then balance male, female and to get an 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

929 

ethnic mix as well so that it looked fair as 
well as being fair, but insofar as we could, 
that was as fair a jury as I think it was 
possible to get. 

Q. All right. And in the case of the 

trial of James Earl Ray, that was aired both 

in the United States and in United Kingdom? 



A. Yes, it was. And in thirty-four 




other countries as well, I think. 



Q. And when was it shown? 

A. It was shown on the anniversary of 
the assassination, the twenty-fifth 
anniversary, April the 4th, 1993. 

Q. All right. And do you recall the 
verdict of the jury in that case? 

A. The jury were unanimous. The jury 
sat for — I think it was seventeen hours, 
and we had two requests for further 
information, which the judge and I saw 
sitting outside the jury room, and in the 
end, they unanimously found James Earl Ray 
not guilty of the murder. 

Q. Now, Mr. Saltman, moving on, as a 
result of this experience and your previous 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

930 

work in the case, did you develop an ongoing 
interest as to the facts and the details of 
this assassination? 



A. Yes, sir. As I said, the program 




took fifteen months from the start, my first 
trip over here to transmission, by which 
time, I had got fairly deeply involved with a 
number of the people peripheral to the case. 

And, yes, I was on the point of 
retirement anyway so I had some time on my 
hands, and in a way, the story also chased me 
because people knew that I produced this mega 
program, and people then came to me with 
different angles or new angles, and it 
certainly — the program itself, somebody 
said it shook a few trees, and one or two 
coconuts fell out. 

Q. All right. So then did you — 
because of all of this, did you begin your 
own independent investigation of this case? 

A. Together with an associate, who 
without stating, lived over here in Memphis. 

We did follow a number of leads, yes, and it 
cost me quite a lot of money pursuing leads 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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931 




for no other reason than I was desperate to 
get to what I believed was the truth. 

Q. Right. This section of the 
plaintiffs' case, Mr. Saltman, deals with the 
issue of the existence of a person called 
Raul. Did that individual become a focus of 
some of your work? 

A. That was the sort of second step, 
second major step. We — we - Raul, of 
course, was a name that had first been 
broadcast, as it were, in the days when James 
Earl Ray had been arrested in London, and the 
name Raul has continued to be part of the — 
of the dialogue of this case. 

When, as a result of the program, I 
was approached through an intermediary to 
meet someone who claimed to have known "the" 
Raul. I was very interested, and I flew over 
to meet them. 

Q. And did you have a - a conversation 
and a discussion with a source who claimed 
acquaintanceship with Raul? 

A. Yes. I had a number of conversations 




with someone who claimed that she had known 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

932 

Raul in the 1960's, yes. 

Q. All right. And where did that lead 
you? 

A. It led in various directions. It 
lead, first of all, as a result of the work 
of my associate, to getting a photograph of a 
man, or at least a photocopy of a photograph, 
of a man we believed was the said Raul, and 
it also led me to New York state. 

Q. Before you went on that path, was 
this source of yours — her name has come up 
in Court — Ms. Glenda Grabo. Was this 
source of yours not steering you towards 
Houston, Texas? 

A. Yes. She claimed that her friendship 
with Raul had all taken place in Houston, and 
her story was so extraordinary that when I 
first heard it. I'd have to say that I was 
profoundly skeptical, but, yes, we did go to 




Houston, and there was only parts of the 
story that I could get corroboration on, but 
what I found interesting were that the parts 
of the story that I could corroborate were 
all corroborated, and, plainly, if you find 
DANIEL, DILLINGER, DOMINSKI, RICHI 
( 901 ) 529-1999 
933 

as any journalist that if someone — the bits 
of the story you can check turn out to be 
accurate, it leads you to lend more 
credibility to the rest of the story. So she 
gained in credence. 

Can I also just say one other 
thing? This lady — this lady is a very 
uneducated lady. She left school when she 
was very young. She had a horrendous life of 
abuse when she was young by her father and 
uncle. She would forget things. She's under 
medication. 

And I asked her if she would make 
notes of things that struck her because I was 
perhaps coming over every three or four 



WEATHEREORD 




months. And I said if — perhaps you'd be 
kind enough to make notes of things that 
strike you. 

She took this to mean that I wanted 
her to write her life story, and in what I 
can only describe as a sort of literary 
equivalent of Grandma Moses, she wrote her 
life story, and this life story was quite 
extraordinary because it is - it's 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

934 

semi-literate. It's badly spelled, but it 
tells of her life story. 

The relevant bits are a tiny, tiny 
part of this, and, again, for me, that led to 
an enormous amount of credibility because 
here's a woman who really was not used to 
doing anything remotely like this who had 
gone to this much trouble to tell her whole 
story, for which these key bits were only a 
tiny part. 



Q. That's interesting. And she sent 




this to you? 

A. She sent me — she gave me the — 
yes. It was written in four thick exercise 
books that were two sided. It was — it was 
some work just to read it. 

Q. When you went to Houston, did you at 
one point or another speak with a former 
federal judge who had some knowledge of some 
of the events in which this lady spoke? 

A. I think he was a state judge rather 
than a federal judge, but I stand to be 
corrected on that. 

I had been given his name through a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

935 

contact of a contact and only managed to get 
hold of him when we were at the airport 
waiting to fly back to Little Rock, and then 
drive to Memphis, and I rang him up on the 
off chance and said — asked him if he knew 
anything about a man called Raul, and he came 



back with a whole raft of material which 




astounded me because I gave him no prompting 



at all other than to ask him if he knew 
anything about a man called Raul who had 
been, as he were, moving around in Houston in 
the 1960's. 

He said that he, as a young 
attorney, had defected a number of drug — 
gun runners. I'm sorry, gun runners, and 
that it was known — the name Raul came up 
quite frequently as the, quote, Mr. Big, of 
the gun runners. 

He said, I never met him, but he was 
quite well known. It was also alleged, he 
said, that he had been involved with a 
federal agency in the illicit shipping of 
arms to the Somoza Regime in Nicaragua. 

Q. And did that tend to corroborate 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

936 

anything that the witness, Ms. Grabo, had 
told you? 

A. Well, Ms. Grabo had told me that she 




had acted as a driver for Raul and for his 



cousin or uncle, Amorro(phonetic), and that 
he had — she had driven down to the dock 
side in Houston. She had been given 
photographs of the guards on the gates, and 
only if certain guards were on duty did she 
then drive in. 

And at the bottom of the gang plank 
of a certain designated ship, there were 
wooden boxes which she subsequently 
discovered contained disassembled guns. Not 
small guns like pistols, as she put it, but 
larger caliber weaponry. 

And it's plainly fitted in with what 
we had also discovered, that this same Raul 
that we had met, having seen his 
naturalization papers - not his papers, but 
his application — we knew that he had been 
working in an armor factory in Portugal — in 
Lisben, capital of Portugal — prior to 
seeking American naturalization, and I 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




937 



believe there was an FBI note on the papers 
that suggested it was known that he had been 
sending disassembled guns out of Portugal at 
this time. 

He was supposedly a mechanic, but I 
think his papers said he was actually a clerk 
in charge of the paperwork which enabled him 
to do this. 

Q. Did you eventually meet with this 
judge in Houston? 

A. Yes, I did. 

Q. And did he face-to-face confirm to 
you these details? 

A. He confirmed the details to me. I'll 
tell you the whole story. I was somewhat 
disappointed because this is not a case that 
you meet upper middle-class people all the 
time. 

Somebody once said to me in 
litigation you tend not to meet too many 
upper-class people. This is a case of an 
awful lot of people whose words are extremely 




dubious. 



I thought with this judge we had got 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

938 

a wonderful, absolutely bona fide figure. 

Now, undoubtedly, he wasn't happy. He was 
very, very well respected. He was very well 
educated, and I think for twelve or thirteen 
years, he'd been a judge of considerable 
repute. 

I believe personal circumstances 
have changed, and I think his career had 
taken a very, very steep downward turn. He 
was no longer judging. He was earning a 
living as an attorney, and was — he 
corroborated everything he said to me on the 
phone. 

He was not able to give me any solid 
leads that I could follow up. He gave me a 
lot of names, but they were all people who 
either moved off or gone away. Despite many, 
many hours of trying to find people on the 




phone, I never did. 

I was never able to corroborate 

anything that he said other than what he said 

that corroborated what Glenda Grabo said. 

Q. Did you then at some point meet with 
a former associate of James Earl Ray's last 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

939 

attorney, Percy Eoreman? 

A. Yes, I did. I went to the company, 
which is still called Eoreman DeGarren. The 
ghost of Percy Eoreman hangs large over the 
company, big portraits and photographs of him 
all around the offices, and I met DeGarren 
there, yes. 

Q. And was a part of the information 
that you had received earlier an indication 
of a connection between Percy Eoreman and 
Ms. Grabo at some point in time? 

A. Ms. Grabo had said — she had told me 
as part of her statement that her husband, 

Roy, his brother was on a murder charge and 




that she had been told that Percy Foreman was 
the top man in the business and had gone 
along to see him. 

She said that he had said he would 
charge her five thousand dollars, but that he 
would give her three thousand dollars back if 
she were to work for him. She said, I paint 
houses; what is that going to be — what use 
is that going to be to an attorney. He said, 
well, I want you to do some filing. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

940 

I gathered the filing was of a more 
sexual nature, and this was acknowledged by 
Mr. DeGarren and that that's really what she 
was asked to do. She never got the money. 

However, when she told Raul — 
according to her story, when she told Raul 
that she was working for Percy Eoreman, he 
apparently lost his temper, and there were 
furious words between him and Percy Eoreman. 



Eoreman then allegedly rang up 




Glenda Grabo and said, your life is in 
danger. Now, she claimed by that 
statement — she was driving her car on one 
occasion, and her brakes had total failure, 
and she was very lucky to escape with her 
life, and when she got this warning that her 
life was in danger, she sold up her house in 
Houston and moved to where she lives now. 

Q. Did you at one point obtain a drawing 
of Percy Foreman that he had autographed for 
Ms. Grabo? 

A. Yes. Ms. Grabo gave me — it was a 
cartoon of Percy Foreman, and he had 
inscribed it to her in his own handwriting, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

941 

and Michael DeGarren, now the senior partner 
at the company, confirmed that that was Percy 
Eoreman's handwriting, and that it was 
exactly the sort of thing that he did with 
these little bimbos. I don't know what you 



call them. That is the — that is the 




drawing. 



Q. That is the — that is a copy of the 
drawing? 

A. Yeah. 

Q. And is that the signature that was 
confirmed by Attorney DeGarren? 

A. Yes, it is. 

DR. PEPPER: Okay. Plaintiffs 
move admission of this drawing. 

(Whereupon, a document was marked as 
Exhibit 14.) 

Q. Did you undertake any other 
investigative acts in Houston that made you 
more — more comfortable with Ms. Grabo's 
story? 

A. We found where the alleged — the 
guns were brought to a house on the dock side 
there, and we had it pointed out to us where 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

942 

these guns were allegedly assembled. 

I also went — I tried to find out 




about his — his cousin, Amorro, and I went 



to the Seamen's Union and discovered that — 
that he was a retired seaman and that he had 
about three years pension that had 
accumulated because it hadn't been claimed, 
and they had no forwarding address. 

I found a man — his cousin or 
uncle. I'm not sure which, had been in a 
hospital, and I found him and collected him 
from the hospital, and he had lived with this 
man for a few weeks and then had gone to his 
sister or niece in Brazil, and I got the 
address in Brazil from him. 

I wrote and phoned the lady in 
Brazil and was told that Amorro had died, so 
I was then able to let the Seamen's Union 
know that the pension that had accumulated 
should go to his estate, or there was no 
point in paying it anymore. 

But I did discover to my 

satisfaction there was an Amorro who did 

exist, again, consistent with everything 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




( 901 ) 529-1999 



943 

Glenda Grabo had said. So this together with 
the elements and various little pieces began 
to build in my mind a conviction that a lot 
of what Glenda Grabo said was true, even 
though she is a most unlikely source, it must 
be said. 

Q. Though we're not using the last name 
of the family involved here, let me show 
you — it is true, is it, that this Amorro 
had the same last name as Raul? 

A. Yes, he did. 

Q. Let me show you a photograph and ask 
if you obtained — at some point if you 
obtained this photograph of the relative of 
Raul? 

A. I obtained four or five photographs, 
and I think that was one of them. I have to 
say it's so long since I looked at them, but 
I — but that certainly is him. 

DR. PEPPER: That's fine. 

Plaintiffs move admission of this 




photograph. 

THE COURT: All right, sir. 

(Whereupon, a document was marked as 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

944 

Exhibit 15.) 

Q. Now, in the continuation of your 
work, did you at some time, from a source, 
obtain a photograph of Raul himself? 

A. Yes, we did. A contemporaneous 
photograph or an old photograph? 

Q. A photograph of any nature or any 
type. 

A. Well, we obtained a photograph that I 
believe was the one on his naturalization 
papers, so that would have been sixty — 
sixty-four was it? 

Q. Sixty-seven, I think. 

A. Sixty-seven is what it was. I'm 
sorry. With age, my memory is beginning — 
we got that, and then we — having got his 
address, we then got some contemporaneous 




photographs of him. 

Q. Right. And when you obtained this 
photograph, this naturalization photograph, 
immigration naturalization photograph, did 
you also obtain information about him? A 
kind of report about who he is and where he 
came from and that — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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945 

A. Yes. It had on his original home in 
Lisbon. It had on the date of his passport, 
the number of his passport. It had on his 
new social security number and the date he 
was naturalized, his then address, and then 
it had — attached to it also was this EBI 
comment that it was known that he was 
shipping arms out of Portugal when he was 
there. 

Q. All right. Did you subsequently 
learn of a place of employment that was 
attributed to him? 



A. Yes. I was subsequently told where 




he was alleged to have worked, yes. 

Q. Do you recall where that was? 

A. It was a motor company, but I have to 
say I cannot remember. 

Q. I'm going to show you - at what 
point did you and or your associates put 
together this immigration naturalization 
photograph into a spread of photographs that 
would be available to show to various 
witnesses? 

A. You're asking me for a date? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

946 

Q. Not asking for dates. I'm saying did 
you — 

A. Oh, yes. Sorry. At that state, yes, 
we did. What — with having obtained the 
immigration photograph, what we then did was 
we got five other similar type photographs, 
and we made a spread of six photographs which 
I'm told was the sort of thing the police 



would do in this sort of a situation, and 




then we used that spread to offer it to 
witnesses to get them to identify the one 
they thought was the said Raul. 

Q. Right. Would you take a look at this 
spread and tell us if this is the spread that 
you put together. 

A. Yes. 

Q. And, secondly, would you identify the 
immigration naturalization photograph that 
you received, do you recall? 

A. Yes. It's the — I identify the 
spread as being the one I showed. Featured 
there is Carlos Marcello and a lawyer who 
went to jail for a couple years for helping 
Mr. Hoffa, but the actual photograph of Raul 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

947 

is the middle one on the right-hand side. 

That one there, yes. 

Q. You're indicating it's this 
photograph? 



A. That's right. 




Q. All right. And did you show that 
spread to various people who had information 
about this case? 

A. Yes. I think I showed it to four or 
five people who were relevant. 

Q. At one point did a former lawyer 
of — attorney representing James Earl Ray, 
representing him around the time of the 
select committee hearings — did this 
attorney happen to see the photograph you've 
identified? 

A. It was complete happen chance. I had 
been to the prison in Nashville to get James 
Earl Ray to pick out — to pick out the face 
he said was Raul, and I come back to my 
associate's house, and there were a number of 
photographs on the table. Not just that 
photograph, but a number of different 
photographs, some were the contemporaneous 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

948 



ones, various odd photographs we had. I had 




taken a lot of photographs where the 
gentleman lived. 

And this attorney picked that 
particular photograph up, totally 
unsolicited, and we were actually going out 
with her partner for a social evening, and 
she picked the photograph up and said, I saw 
this photograph in 1978. 

And it was particularly resonate 
because she didn't say, I saw that person; 
she said, I saw that photograph in 1978, and 
I was absolutely astonished because here was 
a direct link of that particular photograph 
and that person, so it wasn't just any Raul. 
This was very specifically "the" Raul. 

And I said, what happened, and she 
said, well, there was a name written on the 
back of it, and they checked that out, and it 
turned out to be policeman and had no 
relevance to the photograph. And I said, 
well, did you pursue who the photograph was 
of. 

She had been shown the photograph 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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949 

by, I think, house investigators who were 
looking into the house assassination's 
committee investigation that was going on at 
that time, and she said she was shown the 
photograph by one of the investigators, and 
they had a copy of it in the office. 

And I said, did you pursue it, and 
she said, at that time we had no money 
backing us at all. James Earl Ray obviously 
was in no position to pay, and we just did 
not have the money to hire private 
investigators to go checking so, no. 

Why it particularly resonated with 
me was because when I went into the prison 
with a - what you call it - a notary to try 
and get James to make a statement about, you 
know, who he thought was Raul. As well as 
picking that person up, he said that 
photograph was around in 1978. 1 was shown 



it then by the house investigators. 




Now, these are two people completely 



disparate, completely separate, no possible 
contact at all, one in Memphis, one in a 
prison in Nashville who both identified not 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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950 

just the person, but the specific photograph, 
mug shot, and I have to say that I found that 
very convincing. 

Q. Yes, indeed. You showed this 
photograph to James Earl Ray in a prison 
cell. Did you show him the individual 
photograph, or did you show it to him in the 
form of a spread? 

A. No. Very specifically, I showed it 
to him as a spread with the notary as a 
witness. James Earl Ray had been under 
instructions from his attorney not to sign 
anything, which made my life a little bit 
difficult. But what I did, I — the prison 
authorities allowed me to take a tape 
recorder in with me, and I got James — and I 




still have that tape — to identify clearly 
on tape that that photograph, the one I 
identified, was the Raul that he met in the 
Neptune Bar in Canada and subsequently drove 
a car for and gave the rifle, the .30-06 
rifle, to in Birmingham, Alabama. 

And I have that tape recording 

still, but I also then got the notary who 

DANIEL, DILLINGER, DOMINSKI, RICHBE 

(901)529-1999 

951 

witnessed this to go to another public notary 
and swear an affidavit to the effect of what 
he had seen and heard - that James Earl Ray, 
in his presence, had identified that 
particular photograph. 

Q. I see. Moving on then, did you at 
some point having accumulated this 
information, endeavor to contact Raul? 

A. Yes, I did. 

Q. And did you speak with him on the 
telephone? 

A. Initially, I did. I rang him from my 



WEATHEREORD 




home in England, and as luck would have it, I 
picked a bad day. It was his daughter's 
wedding day. And I said that I had met his 
cousin in England because his cousin was a 
merchant seaman and obviously traveled the 
world as a merchant seaman, and I said that I 
met his cousin, which was not totally true. 

I'm afraid. 

But I said that I had met his cousin 
and I was trying to contact Amorro, and he 
said, yeah — well, I can't remember the 
words, and I wouldn't want to mislead 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

952 

anybody. I can't remember the words. This 
was a long time ago. 

And he — but he left me no doubt at 
all that what he was acknowledging — that he 
had a relation with Amorro, who was in 
Houston, and he further acknowledged that he 
had been in Houston himself. 



He then said. I'm sorry, I can't — 




there was pandemonium in the background. 

There was an awful lot of very excited 
voices, which is not surprising being the 
bride's house just before the wedding, and he 
said, you know, can you possibly contact me 
again, and I rang off. 

Q. Right. Did you attempt to contact 
him again? 

A. Some months later. I can't remember 
how long. Some months later, I went around 
to his house in New York state and knocked on 
the door, and the door — if I can explain — 
was - there was a wrought iron grille type 
door, and then there was a sort of mesh glass 
door, a glass door with a mesh on it. They 
could obviously see out, but all I could see 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

953 

was a sort of dark interior of the house with 
shapes. That's all I could see. 

Eirst of all, a lady came to behind 

the door and started hailing what I can only 




imagine was abuse. It was in Portuguese. It 
sounded like abuse. It was in Portuguese, 
and my Portuguese is nil. 

Then she was sort of pushed aside by 
someone I assume to be the daughter who got 
married. She was dressed in white, and I 
could see her white outline, and she spoke 
perfect English, and she told me to go away, 
what did I want, and I was being a nuisance. 

I explained that I was an English 
journalist, that I had had various 
allegations made to me about her father, and 
all I wanted to do was to sit down with her 
father. If he wanted, by all means, to bring 
an attorney along and sit down with him and 
his attorney so I could put the points to him 
that I had had made to me and get his 
answers. 

And I said that if I was convinced 
at the end of that conversation that it was 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



954 




the wrong Raul and he had nothing at all to 
do with this that I would leave them alone 
and never get anywhere near them again. 

She told me that her father was 
indisposed. Now, I knew that was untrue 
because I could see vaguely a figure of a 
male, and I could hear loud state whispers, 
and I was fairly sure that was Raul. 

In the meantime, the mother had come 
around to a side window and was taking 
photographs of me through the side window. 
For what reason, I have no idea. And the 
daughter kept saying that I wasn't doing my 
job properly, and I said, well. I'm trying to 
do my job properly by checking the facts 
because that's what I do. 

I don't go dashing in, you know. We 
don't sort of get a story today and print it 
tomorrow. My protos take a year in 
gestation. So about the same time, it's not 
anything really. 

And then, you know, I said I was 

trying to check my facts, and all I wanted to 




do was to speak to her father. She didn't 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

955 

want to know about this, said her father was 
indisposed. 

Then I said, would you have a look 
at this photograph and confirm — or with 
words to this effect - that this photograph 
is your father, and she said something to the 
effect that — that anybody could get 
naturalization photographs, and if I could 
get that, then I could get all the other 
answers to what I was chasing anyway and not 
to bother them, something to that effect. 

She left me no doubt at all that she 
had positively identified — I didn't show 
her the spread. I showed her an enlargement 
of that photograph. 

Q. You just showed her a single 
photograph? 

A. Yes. Yes. There was no point in 
asking her to pick out father because I now 




believe that was her father. That seemed to 



be an academic exercise, so I showed her a 
blow up of that — well, in fact, the 
original size we got it, and I was convinced, 
as a result of this conversation — I felt a 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

956 

bit silly talking through this door. It was 
like talking to a wooden door. 

And I did — I had taken a 
precaution, journalist precaution, because I 
did want to get more photographs of Raul to 
try and get people to ID him, and I had hired 
a photographer with a long telephoto lens, 
and in the end I said, look, I will give you 
a mobile telephone number; please, ask your 
father. 

I'd thrown in various names of 
people that I had associated with Raul in the 
hope that I would stimulate sufficient 
interest or concern that he would at least 



want to talk to me, and I gave them the 




mobile telephone number. I have to say I did 
not give him the hotel we were staying at 
because I think I was a little bit scared 
really. 

Q. Okay. 

A. And then — and then I left my 
visiting card in the post box outside, and 
after we had driven away, we got photographs 
of the daughter in white getting the card out 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

957 

of the post box and going in the house. 

The following day, I rang Raul from 
the mobile, and I spoke to him for about ten 
seconds, and, basically, he just hailed abuse 
at me and slammed the phone down. 

I rang back about ten minutes later 
hoping he'd cool down and said, look, all I 
really want to do is just have a 
conversation, a sensible conversation. 

If you're totally innocent, what 

have you got to fear? If you're not involved 




in any of this, the sensible thing — now, 

I've had forty years in journalism, and I 
have spoken to an awful lot of people, many 
of whom were villains, but many of whom were 
innocently involved and caught up in 
something, and the people generally are more 
than happy to sit down and tell you their 
side of the story. 

And quite often, you say, well. I'm 

sorry I troubled you, I really am, you know. 

The last thing I want to do — the reason we 
never went public with the name, nor ever 
have done, was because I never felt I got the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

958 

final piece of the jigsaw, and because I 
hadn't got that, I thought it would be 
wickedly irresponsible to go public with this 
person and possibly give them a lot of 
grief. That's the job of the law, not of a 
journalist like myself. 



Q. Could you just - 




A. Sorry. 

Q. Could you just - that's all right. 

Could you just describe - it's very 
helpful. Could you just describe again for 
the jury, so it will help them with the 
visualization, of the door and where the 
daughter was standing and what was between 
you and her, and the second part of the 
question is, are you convinced that she could 
clearly see the photograph that you showed 
her? 

A. Yes. The — it was a modern house in 
a row, quite expenses houses. Although, this 
was one of the more modest houses in the 
row. It was by itself. There was quite a 
gap on both sides. There was, I think, three 
or four steps up to the front door. The 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

959 

front door had an iron grille, an ornate 
grille, not a sort of embellished grille, 
just a real sort of ornate thing you see in 




Spain quite a lot, decorative grilles, and 
then there was a sort of a glass door with a 
sort of mesh substance. 

Now, I could see the shape quite 
clearly inside, but it was dark inside. 

Outside - of course, I was in daylight, and 
there was no doubt at all that she could see 
whatever I was showing her outside. She 
didn't say, I can't see the photograph or 
anything like that. She acknowledged seeing 
the photograph by her answers. 

Q. And you are convinced that when she 
saw that photograph, she acknowledged that 
that was a photograph of her father? 

A. I came away absolutely convinced that 
she had acknowledge that. Yes, sir, I did. 

Q. Mr. Saltman, did you memoriali z e that 
conversation at the front door with her? 

A. By memorialize, you mean did I write 
it down? 

Q. Did you record it? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




960 



A. Record it, sorry. Yes, we did. Yes, 

I'm sorry. Yes, sorry. It wasn't really 
high-tech I'm afraid. It was just a little 
old tape recorder that I had with me which I 
had in my pocket. 

Yes, I did record it. This is my 
own safety because, you know, people 
sometimes say I was harassing them or 
whatever, and I just wanted to make sure that 
there was no — on tape — anything remotely 
like that. 

Q. This is routine practice for you in 
pursuing your profession? 

A. Well, I should think most 
journalists, radio, television and print 
these days, carry tape recorders. One, to 
get an accurate version of what people say. 
The days when journalists like me had to 
learn shorthand are long since gone. Yes, in 
the modem technology, it is standard. 

Q. Mr. Saltman, I'd like you to listen 

to a tape recording which you have provided 




to US and see if you can authenticate it for 
the Court and the jury. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

961 

(Whereupon, a portion of an 
audiotape recording was played.) 

Q. Would you identify the other voice on 
the tape, please. 

A. That's the voice of my associate, 

Kenneth Herman, who — with whom I've been 
working on this story for an awful long 
time. He was a private detective. He's now 
retired to Elorida, and that's his voice. He 
came with me to the door. 

Q. Was anyone else with you at the door? 

A. No, no one at the door. Just Kevin 
and myself. 

DR. PEPPER: Okay. 

(Whereupon, a portion of an 
audiotape recording was played.) 

DR. PEPPER: Your Honor? 



THE COURT: Yes. 




DR. PEPPER: While the 



technician sorts out some of the — of the 
interference here, could we take a brief 
recess? 

THE COURT: Yes, sir. 

(Whereupon, a recess was taken.) 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

962 

THE COURT: Bring in the jury. 

(Whereupon, the jury returns to the 
courtroom.) 

DR. PEPPER: Thank you. Your 
Honor. In order to save the Court's time on 
this last day before the holiday, what we've 
done is to move this tape, authenticated by 
the witness, up to a very critical point 
where he shows the photographs and asks the 
daughter to look at it. 

We will leave — enter the tape into 
evidence. Your Honor, and move to have it 
entered into evidence afterward and leave it 



available to the Court and the jury to listen 




to through headphones at any time if they 
want to, but, for now, let us just move us up 
to that point in time. 

(Whereupon, a portion of an 
audiotape recording was played.) 

DR. PEPPER: Will you repeat 
that? 

(Whereupon, a portion of an 
audiotape recording was played.) 

DR. PEPPER: Once more. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

963 

THE COURT: Just a moment. 

Before you play it again, can you all agree 
on what she's saying? 

DR. PEPPER: Counsel, do you 
want to — 

MR. GARRISON: Your Honor, I 
understand what she said. 

DR. PEPPER: We believe she's 
saying: You got a photograph from a 
naturalization file or thing, and anybody 




could get that photograph. Then she goes on 
to say: If you got that photograph, you can 
get other information that you want. 

THE COURT: I can't understand a 
word she's saying. 

DR. PEPPER: Eet's try — 

(Whereupon, a portion of an 
audiotape recording was played.) 

DR. PEPPER: Okay. 

THE COURT: All right. 

Q. Okay. Mr. Saltman, this is the 
conversation that you recall? 

A. Yes, it is. Yes, sir. 

Q. And you recall this response from 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

964 

her: You got this photograph from a 
naturalization — sounded like — thing? 

A. That's right. It's a photocopy of 
the photo that was used for his 
naturalization papers. 



DR. PEPPER: All right. Okay. 




Nothing further. Nothing further, Your 
Honor. 

THE COURT: All right. 

Mr. Garrison? 

MR. GARRISON: Your Honor, I 
have no questions. Thank you. 

THE COURT: All right. Thank 
you very much. You can stand down now, and 
you are free to leave if you'd like, or you 
can remain in the courtroom. 

THE WITNESS: Thank you. Judge. 

(Witness excused.) 

DR. PEPPER: Your Honor, 

plaintiffs move admission of this tape into 

evidence. 

THE COURT: All right. 

(Whereupon, an audiotape was marked 
as Exhibit 16.) 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

965 

THE COURT: Call your next 



witness. 




DR. PEPPER: Yes, Your Honor. 



This section of plaintiffs' case deals with 
the broader conspiracy in the development of 
the case of unknown co-conspirator 
defendants. 

Plaintiff would like to move into 
evidence an article that was published by the 
Commercial Appeal on Sunday morning, 
March 21, 1993. I'd like to read into the 
record just one short portion of that 
article, and then turn the entire article 
over to the pile of evidence. 

That is this section: On March 31, 
the president of the United States became a 
casualty of Vietnam. Johnson announced he 
would not seek reelection. On April 3rd, 

King returned to Memphis, Army agents from 
the 1 1 1th military intelligence group 
shadowed his movements and monitored radio 
traffic from a sedan crammed with electronic 
equipment. Eight — eight Green Beret 
soldiers from an operation detachment Alpha 



DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




(901)529-1999 



966 

180-14 were also in Memphis carrying out an 
unknown mission. Such A-teams usually 
contained twelve members. 

Plaintiff moves this entire article 
into admission. 

(Whereupon, a document was marked as 
Exhibit 17.) 

DR. PEPPER: As a result of this 
publication, which itself followed an 
eighteen-month investigation of the reporter. 
Your Honor, plaintiffs' counsel became 
involved in this aspect of the case and 
settled a procedure whereby evidence could be 
developed, and I would like to just move the 
admission of an affidavit into evidence with 
respect to the procedures that were followed 
by counsel in obtaining this evidence. I 
will only read a portion of the affidavit 
that deals with those procedures. 

THE COURT: Affidavit by whom? 



DR. PEPPER: Excuse me? 




THE COURT: Whose affidavit is 
it? 

DR. PEPPER: May we approach? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

967 

(Whereupon, a conference at the 

bench was held outside the hearing of the 

jury.) 

DR. PEPPER: With the Court's 
permission, I'll continue. 

THE COURT: All right, sir. 

DR. PEPPER: Paragraph 10: 

Initially, in response to precise question — 
well, let me start with nine. 

Prom late summer of 1993 through 
August of this year, 1995, the time this 
affidavit was developed, I have helped Doctor 
Pepper in his work. 

Initially, in response to precise 
questions. I've provided him with detailed 
background information. Also at his request. 



I carried specific questions to a number of 




the covert Army team, which was in Memphis on 
that day of the assassination. 

This soldier, who now lives outside 
of the United States, knew of Doctor Pepper 
and agreed to - he agreed to answer his 
questions. Because Doctor Pepper is a lawyer 
and, in particular, James Earl Ray's lawyer, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

968 

he would not agree to meet face-to-face with 
him. I have known this former Green Beret 
now for a number of years and have always 
found him to be truthful and reliable. 

On behalf of Doctor Pepper, I 
traveled to see him on several occasions, 
taking with me detailed questions about the 
mission in Memphis and other assignments of 
his during 1967 to '68. After each trip, I 
was debriefed by Doctor Pepper, usually 
face-to-face, and subsequently in numerous 
telephone conversations. 



Both the questions and the 




debriefings were detailed and comprehensive. 

The soldier would never volunteer 
information, neither would he speculate. If 
he didn't know the answer, he would say so, 
and, occasionally, he refused to comment. I 
believe that he was true to form, truthful 
and candid in the responses he gave. 

Since I was unfa mi liar with much of 
the subject matter, I was not in a position 
to lead the soldier or influence his 
answers. That was the procedure that was 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

969 

followed over quite a period of time, and 
this affidavit was executed on 1 1 September, 

1995 . 

With the Court's permission. I'd 
move its admission into evidence as well as 
other documents that we will cover in the 
course of this examination. We will, 
however, also with the Court's permission and 
agreement with counsel be redacting names of 




individuals in these documents for their own 
safety and security, but to enable the Court 
and the jury to have access to the documents. 

THE COURT: Okay. You have the 
Court's permission. 

(Whereupon, a document was marked as 
Exhibit 18.) 

DR. PEPPER: Plaintiffs call 

their next witness. Professor Clay Carson. 

CEAY CARSON, 

having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY DR. PEPPER: 

Q. Dr. Carson, good afternoon - barely 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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970 

afternoon. Thank you for joining us here. 

You've come some three thousand miles, and I 
know that time is precious in terms of your 
schedule, so I'd like to just move ahead. 



Would you please state your full 




name and address for the record. 



A. Clayborne Carson, Palo Alto, 

California. 

Q. And what is your profession? 

A. I'm a professor of history at 
Stanford. 

Q. And what do you — what is your 
relationship to the works and life of Martin 
Luther King, Junior? 

A. I'm the editor of Martin Luther 
King's papers, and I'm director of the Martin 
Luther King papers project at Stanford. 

Q. And how long have you been in that 
position? 

A. Fifteen years. 

Q. And have you published various works 
on Doctor King's work and life? 

A. Yes, I have. I've published, I 
think, edited or authored five — I think 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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971 



five books on Martin Euther King. 




Q. All right. And is the King papers 
project at Stanford University an ongoing 
project? 

A. Yes, it is. It's a long-term project 
to publish all of the historically 
significant papers of Martin Luther King. 

It's been going on for fifteen years. It 
will probably go on as long as I go on. 

Q. And in your capacity and as part of 
that project at Stanford, do you have the 
process of collecting documents and materials 
of all sorts of natures related to Doctor 
King's life, work and death even? 

A. Yes, sir. The purpose of the paper 
is — papers project is to assemble all of 
the historically significant papers from 
archives around the world. We've contacted 
probably some two hundred or more archives to 
make sure that we have all of the 
historically significant papers. Obviously, 
the largest collections are those at the King 
Center in Atlanta and at Boston University. 



Q. Right. And as a part of that 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

972 

responsibility, did you receive from me 
certain documents, certain reports, with 
respect to the assassination of Martin Luther 
King? 

A. Yes, I did. 

Q. And it should be clear to the Court 
and Jury that you are not in any way involved 
in attesting to the accuracy or the validity 
of this information, but you are simply 
reporting on what it is that you have 
received; is that correct? 

A. That's right. 

Q. So we're asking you to do that in a 
professional capacity and in line with your 
role as editor and director of the King 
papers project. 

With that background. Professor 
Carson, I'd like you to move, please, to the 
first set of responses in the documentation 
that I've provided to you and of the project 




that I addressed to a resource who was 



traveling and providing me with information. 

The Court and Jury have become aware 
with how that process worked so we just need 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

973 

to go into a question and answer mode here. 

On Page 2 of — well, on Page 2 of 
the questions and whatever page of the 
response. I'd ask you to turn to Paragraph 
2.1.4, and the question that was asked to be 
answered was: Was the operation, in re, our 
target, a one op, or were there other similar 
operations? If others, any details 
possible. Please, at least learn if they 
were domestic, foreign or both. 

What is the answer that you have? 

A. Answer: Lots of other ops 
nationwide. These are the ones I was at, 
summer of 1967 — parentheses, June 12th 
through 15th, 1967 — Tampa, Elorida. Two 
Alpha teams deployed during riots. Detroit, 




summer, July 23rd, riot. Washington, 

October 1967, riot. Chicago, just before 
Christmas, 1967, recon. February 1968, Los 
Angeles. 

Q. Thank you. Question 2.1.5: When was 
the instant operation? The instant operation 
is the Memphis operation against Martin 
Luther King. When was the instant operation 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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974 

first raised with him, that is, the source. 

A, where and by whom? Answer. 

A. Answer: Date unknown. Place, Camp 
Shelby, Mississippi. Briefed by Captain 
Name. Eirst, a recon-op — not sure when 
killing King first mentioned. 

Q. What — 2.1.6: What were the first 
details of the operation scenario put to 
him? A: Was target named? 

A. Yes, King. Another answer. 

Q. Yes. Please continue. 



A. Young added later. 




Q. First answer, King. Young added 
later. 

B: What was site? 

A. Site not set. Depended on our intel 
and recon. We positioned at rooftop ascent 
across Lorraine motel about 1300 hours, 4 
April. Don't know why or how intel came in. 

At brief, 0430, reminded Doctor King 
was the leader of a movement to destroy 
American government and stop the war. We 
were shown CR, close range photos, of King 
and Young. Don't know — don't remember 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

975 

anyone worrying about killing those sacks of 
shit. 

One bud — buddy on Team 1, remember 
bragged about him, had him in center mass, 
parentheses, this is a sniper term meaning 
cross hairs and center of chest. During that 
big March in Alabama, should have done it 



then. 




Parentheses, Bill, I did some 



checking from my files. There is a John Hill 
listed among the 20th special forces teams 
that was deployed in Selma, Alabama in 1965 
for the beginning of the march to 
Montgomery. 

I interviewed two of the team 
members who were there, and they said a 
sniper team had King in their scope until he 
turned left and crossed the bridge. This may 
be the same Hill on main team. None of the 
other names match. 

Another Name — parentheses, that's 

me — asked about clothes. We were dressed 

as working stiffs working on the docks. 

Parentheses, I believe this means their cover 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

976 

was day laborers on President's Island where 
the riverboat barge and the warehouses are 
located, end parentheses. 



Equipment was stored in suitcases. 




moved along, came up in cars from Camp 
Shelby. Only place I remember eating in 
Memphis was a Howard Johnson's. 

My spotter and I were met by a Name 
down near the train tracks where we were let 
out. I remembered this guy because he looked 
a lot like a buddy — parentheses, buddy of 
mine. This guy got us to the building where 
we set up. I always figured he was a spook. 

From him, we got a detailed AO — 
parentheses, area of operations map — not 
the kind you'd buy in a gas station, pictures 
of cars the King group were driving, and the 
guy got us to the building where we set up. 

I always figured he was a spook. 

From him, we got a detailed AO — 
parentheses, area of operations map — not 
the kind you'd buy in a gas station, pictures 
of the cars the King group was driving and 
the Memphis police tact - parentheses, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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977 




tactical radio frequencies. Maybe some other 
stuff, I just don't remember. 

Q. C: Any explanation of reason? 

A. Name gave none. 

Q. D: Any indication of sanction by or 
involvement of others, one at federal, state 
or local levels? 

A. Everybody but my brother was there. 
Spooks, the company — parentheses, CIA - 
Feebs - parentheses, FBI — poliee, you name 
it. 

The only person I remember talking 
to besides CO, Name, was some guy who was 
head of the eity — parentheses, Memphis tact 
parentheses — tactical squad. I think his 
first name was Sam. 

Name put him on radio to describe to 
us what was in that hotel — parentheses, 
Forraine. I do remember he saying friendlies 
would not be wearing ties. Took that to mean 
that somebody inside the King group as 
informant. 



Did meet in person one other guy. 




Met him on sidewalk down couple blocks from 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

978 

our perch. Directed by Name. This guy 
identified himself with the police 
intelligence. Said city was about to 
explode, and blacks would be murdering whites 
in the streets. 

After a few minutes, I figured was 
asking me to sit tight and kill any rioters 
if things went to hell. He seemed to know 
something about us and said had met with Name 
before this day. 

Q. E: Was operation pure military, any 
involvement of EBI, state police, local 
sheriffs, poster police, civilians, anyone 
in targets organization? 

A. Our part military. Ear as I know, we 
were coordinating with units at NAS. This 
would be Millington Naval Air Station. 

Q. Okay. Move over to the response to 
Question 3, please. Was he aware of any 




support from inside Doctor King's 
organization, SCLC, or inside the local 
Memphis groups working with Doctor King? 

Details and names if possible. 

A. Scuttlebutt was 111th — parentheses, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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979 

military intelligence group out of Eort 
McPherson — had guy inside King's group. 

Q. Moving to Number 7. Did he actually 
see anything at the time of the shooting? 

Where was he precisely? 

A. I thought Team 1 had fired early. I 
guess I still think they may have. After 
that day, I only saw Captain Name twice more, 
and both times, he refused to talk to me 
about what happened. 

After the shot, I keyed — 
parentheses, radioed - CO to ask for 
instructions, and after a wait — 
parentheses, I think this means Name told him 
to wait — was told to exit building and make 




our way to pick-up point. 

If this helps, I heard a lot of 
gunfire, and I think remembering — I 
remember thinking it was an Army sniper 
shot. It surprised me later when I heard 
some wacko civilian had done it. 

Name described the shooting to me, 
and let me tell you this. Whoever fired that 
shot was a professional. Even from three 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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980 

hundred meters, there's no way just anyone 
could make that shot. 

Q. Eight: If the military unit did it, 
how does he explain the head shot, and their 
not waiting for the coordinated hits from the 
second target, A-Y, after Young? 

A. When you have everybody's hands in 
someone's pants, it's a cluster fuck. That's 
what happened in Nam — what happened here. 

Q. What kind of weapons were they 



carrying? 




A. Standard forty-five caliber sidearms, 

M-16 sniper rifles and some K-bars — 
parentheses, this is a military knife. We 
also had some frags - parentheses, 
fragmentation grenades — and two or three 
laws, light anti-air — anti tank weapon 
rockets. 

Q. Ten: How did the two teams 
communicate with each other? When was the 
last contact prior to the killing? 

A. By radio. The shot was fired just 
after the TTR — parentheses, top of the hour 
I guess this means, 1800, end parentheses — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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981 

sit rep - parentheses, situation report. 

Q. Eleven: Set out details of their 
exiting Memphis, how — where they went. 

A. Exit by foot to waiting boat. 

Q. Einishes the first section. Now the 
second - second series of questions and 
answers. We'll just move through these. 




Number 1: Where was Young? 



, WEATHERFORD 




anything that would help the guys coming into 
a riot to survive. 

Target reduction - parentheses, 

Bill, he means killing Young and King, end 
parentheses — was discussed as an option 
should the situation go in the toilet, and we 
had a riot on our hands in the AO — 
parentheses, area of operations. Then and 
only then was that option briefed. 

You need to talk to him — 
parentheses, he's referring here to you, end 
parentheses — about how a military mission 
is done. Logistics, intelligence, 
communications which make up seven-eighths of 
a mission. What I'm saying is that target 
reduction was brief, but we had to get to a 
riot before it was authorized on the net. 

Do you want me to go on? 

Q. Yes. 

A. Here Name digressed into an argument 
over radios. Said team had PRC 77's, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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983 



although wanted more sophisticated AN, slash, 
PRC 117. Caused big argument because they 
couldn't get them. Said PRC 77's 
unreliable. Out of — on that roof that 
evening, we were watching. I had Young 
targeted, but only to watch. 

Q. Then moving down — Bill, I asked 
here about the psychological warfare photo 
recon stuff at this point. Continue. 

A. Big psy-ops (phonetic) plan to 
discredit King and his party using any means 
at hand. We weren't told much about this, 
but, again, SOP with fifth special forces was 
psy-ops included and everything. 
M-A-C-V-S-O-G had long time begged into 
this. 

We call this, quote, gray operations 
and spreading propaganda to newspapers and 
radio stations. This was done a lot against 
black pot- heads. I wasn't involved in this, 
but I kept my ears open, and this was a big 



push. 




Any intel we picked up to help this 
effort out was passed back up the chain. Not 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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984 

sure about reserved element of psy-ops. Most 
guys in Nam I knew worked for the fourth 
psy-ops group at Teng Sau Nu. I know there 
they ran their own newspaper, radio and TV 
operations. 

Q. Yes. 2.1.7: When was Memphis first 
mentioned? 

A. Not sure. Original brief of 
twentieth recon operations including — 
included Memphis among cities where possible 
rioting was possible at Camp — Camp 
Landing. Parentheses, Bill, this is in 
Elorida, end parentheses. 

Memphis was scouted 22 Eebruary by 
Alpha team for sniper communications and 
supply sites. We had a lot of stuff going 
in, but previous recon produced a lot more. 



What we were doing is similar to 




Nam. Maps, terrain studies, readouts of 



infrared imagery from aerial reeon 
blaekbirds — parentheses. Bill, he's 
referring to SR 7 1 blackbird over flights of 
Memphis and other potential riot cities, this 
mentioned in my series, end parentheses — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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985 

and anything else we could find, which we 
shipped to S2 and Nam Trang. 

Here we shipped to Camp Shelby S2. 

Where Intel went from there. I'm not sure. 

Q. 2.1.8: Who was in charge of 
training? 

A. Name Captain. 

Q. How long was the training period? 

A. Can't remember. Too long ago. Too 
many missions before and after. 

Q. During training — 2.1.13: During 
training, who were you told were targets? 

A. We were told these were recon 



missions whose purpose was to reverse the 




cluster fuck in Detroit where our guys didn't 
even have maps of city streets. Our mission 
was to walk the ground before the heavies — 
parentheses, Bill, means tanks and APCs 
here — got there. 

Training was entirely based on 
identifying communications links, supply 
sites, places where troops could be quickly 
and safely inserted where the black community 
was, where black churches were, where black 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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986 

leaders congregated - parentheses, 
restaurants, churches. 

Q. 2.1.14: Other members of team 
involved other sites. 

A. Worked with Captain Name in Tampa. 

Q. 2.1.15. Were all those 9-0 second 
operations? 

A. Don't know and don't care. What I 
know is this. You start asking a lot of 
questions about the 9-0 second — he 




pronounced ninety-deuce — you'd better be 
digging a deep hole. 

Parentheses, Bill, he was very 
reluctant to discuss 9-0 second. I tried 
several times in this interview to broach 
subject. He refused to. 

Q. 2.1.16: Who controlled training and 
actual operations? 

A. Team leader and his exact control. 

Q. 3.2: Who was on the February 22nd 
Memphis recon mission? 

A. I was on it. Will give other names 
if agreed they not be made public. 

Q. 3.3: Did entire unit go together to 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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987 

Memphis on 4 April or separate? Explain. 

A. No. We went in separate cars in 
two's. 

Q. 3.4: What time leave Camp Shelby 
from Memphis? 



A. Don't remember. 




Q. 3.8: You're referring to this Name 
fellow — I'm sorry. 3.8: Who did spook on 
ground work for? 

A. You're referring to this Name fellow 
who met us down by railroad yards. Guy 
smelled like a company guy. We had maps, but 
this guy gave us a detailed map of the AO — 
parentheses, area of operations - not a 
regular service station map. This was like a 
grid map you got in the field with street and 
building names. 

Anyway, this Name, I think it was 
James reminded me of a friend. I got no 
proof though, but he was definitely a spook. 

Q. 3.9: Details of conversation. 

A. You got to be kidding. We just 
talked about the current situation, our 
location and radio net. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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988 

Q. And then questions 3.9 to 3. 14. 1: No 



answers? 




A. Parentheses, Bill, these questions, 
he simply could not remember. 

Q. That finishes the second section. 

Lastly, Professor Carson, you have a 
one-page report of a meeting that took place 
in Chicago, also at plaintiffs' counsel's 
request, having to do with the location of 
some photographers on the roof of the fire 
station in Memphis. 

Would you read that report, please. 

A. Trip to meet Name, 1 December, 1994, 
Chicago. Location, Hyatt Regency, downtown 
off Michigan Avenue. Breakfast, slash, 
lunchroom off of lobby. 

Description, about five-feet-ten 
inches, one-sixty to one-seventy pounds. 

Gray, short chopped hair, nice suit — 
parentheses. Brook Brothers style — wing 
tipped shoes, erect, obviously ex military. 

Said in Vietnam assigned first 
SOG — parentheses, special operation 
group - base, Kan Tu, worked 525th 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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989 

psychological operations battalion. 

Refused to discuss place of birth, 
date of birth or other personal info. 

April 3, 4 weekend, 9-0 second operation. 

New Colonel Name, worked with him number of 
assignments. Two agents in Memphis day of 
killing. Therefore, routine photos and 
surveillance copied to Name and Name — 

Q. Yes. 

A. — believed distributed to other 
agencies. Idea to pick up anyone in photos, 
might be identified as communist or national 
security threat — such H-U-M-I-N-T-S-O-P in 
King's surveillance. 

When King came out on balcony, 
camera was filming. No photo moment King 
shot, but several of him falling. 

Second guy with Name watched 
approaching cars, heard shot and saw white 
man with rifle. Quickly snapped his picture 



several times as this guy left scene. 




Shooter was on the ground clearly visible. 

Name witnessed only his back as left scene. 

Said never got a visual face ID. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Name and second guy rooftop of fire 
station, both armed with forty-five caliber 
automatics. Second guy carried small 
revolver in holster, small of back. 

Pictures hand delivered to Colonel 
Name, but second guy with Name kept 
negatives. Name has no copies. Said will 
approach second guy for two thousand dollars, 
give us name and address. 

DR. PEPPER: Thank you very 
much. Professor Carson. 

There is a final document, which is 
a chronology of important dates, that has 
been provided to us from January 17, 1967 to 
the 4th of April listing dates, times and 
places and subjects of meetings that took 
place in government agencies throughout that 




entire year. 



We're not going to go through that 
here, but I am going to close that and move 
that that be admitted as a part of the total 
package of evidence. 

Thank you for coming, and no further 
questions. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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991 

MR. GARRISON: I have no 
questions. Your Honor. 

THE COURT: All right. You may 
stand down. 

(Witness excused.) 

THE COURT: Let me ask you, have 
you got anything really short? 

DR. PEPPER: I'm afraid not. 

Your Honor. I'm sorry. 

THE COURT: I know how sorry the 
jurors are to hear that. 

Okay. Ladies and gentlemen, we're 
going to stop here today. I know there are 




several of you who want to get started for 
the holiday. I hope that you all survive it 
and that we'll see you early Monday morning. 

(Whereupon, court was adjourned, 

and proceedings were to be resumed Monday, 

November 29, 1999.) 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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992 



IN THE CIRCUIT COURT OF SHELBY COUNTY, 
TENNESSEE FOR THE THIRTIETH JUDICIAL 
DISTRICT AT MEMPHIS 
CORETTA SCOTT KING, MARTIN 
LUTHER KING, III, BERNICE KING, 

DEXTER SCOTT KING and YOLANDA KING, 
Plaintiffs, 

Vs. Case No. 97242-4 T.D. 

LOYD JOWERS and OTHER UNKNOWN 
CO-CONSPIRATORS, 

Defendants. 

TRANSCRIPT OF PROCEEDINGS 
November 29, 1999 
Volume VIII 

Before the Honorable James E. Swearengen, 

Division 4, Judge presiding. 

DANIEL, DILLINGER, DOMINSKI, 
RICHBERGER, WEATHERFORD 
COURT REPORTERS 
22nd Floor - One Commerce Square 
Memphis, Tennessee 38103 



(901)529-1999 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

993 

- APPEARANCES - 

Eor the Plaintiffs: DR. WILLIAM PEPPER 

Attorney at Law 

New York City, New York 

Eor the Defendant: 

MR. LEWIS GARRISON 
Attorney at Law 
Memphis, Tennessee 
Reported by: 

MS. SARA R. ROGAN 
Court Reporter 
Daniel, Dillinger, 

Dominski, Richberger & 

Weatherford 

22nd Eloor 

One Commerce Square 
Memphis, Tennessee 38103 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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994 




- INDEX - 



WITNESS: PAGE 
WIEEIAM B. HAMBEIN 
DIRECT EXAMINATION 

BY MR. PEPPER: 998 

CROSS-EXAMINATION 

BY MR. GARRISON: 1013 

REDIRECT EXAMINATION 

BY MR. PEPPER: 1015 

JAMES JOSEPH ISABEE 
DIRECT EXAMINATION 

BY MR. PEPPER: 1016 

CROSS-EXAMINATION 

BY MR. GARRISON: 1024 

JERRY WIEEIAM RAY 
DIRECT EXAMINATION 

BY MR. PEPPER: 1026 

CROSS-EXAMINATION 

BY MR. GARRISON: 1063 

WIEEIE B. RICHMOND 

DIRECT EXAMINATION 

BY MR. PEPPER: 1086 



CROSS-EXAMINATION 




BY MR. GARRISON: 



1099 



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995 

- INDEX CONTINUED - 
WITNESS: PAGE 
DOUGLAS VALENTINE 
DIRECT EXAMINATION 



BY MR. PEPPER: 1101 

CROSS-EXAMINATION 

BY MR. GARRISON: 1110 

REDIRECT EXAMINATION 
BY MR. PEPPER: 1110 



CARTHEL WEEDEN 
DIRECT EXAMINATION 



BY MR. PEPPER: 1111 

CROSS-EXAMINATION 

BY MR. GARRISON: 1120 



WALTER E. EAUNTROY 
DIRECT EXAMINATION 

BY MR. PEPPER: 1123 

CROSS-EXAMINATION 



BY MR. GARRISON: 



1143 




REDIRECT EXAMINATION 



BY MR. PEPPER: 1148 

APRIE R. EERGUSON 

DIRECT EXAMINATION 

BY MR. PEPPER: 1155 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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996 

- INDEX CONTINUED - 
WITNESS: PAGE 
JAMES E. ADAMS 
DIRECT EXAMINATION 



BY MR. PEPPER: 1167 

CROSS-EXAMINATION 

BY MR. GARRISON: 1175 

YOEANDA KING 



DIRECT EXAMINATION 



BY MR. PEPPER: 1177 

TRIAE EXHIBITS PAGE 

Exhibit 19 1051 

Exhibit 20 1054 

Exhibit 21 1085 



Exhibit 22 



1099 




Exhibit 23 



1165 



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PROCEEDINGS 
(Jury in at 10:15 a.m.) 

THE COURT: Good morning, ladies 
and gentlemen. 

THE JURY : Good morning. 

THE COURT: It seems that 
everyone is all present and accounted for. 

Mr. lowers, the defendant, is still having 
some health problems, but we're going to 
proceed in his absence. And as soon as he's 
able, he'll return. He's still concerned 
about the action against him so don't take 
this as — don't interpret it as he's 
indicating he's not interested. He is, but 
his health is keeping him. 

All right. Mr. Pepper, are you 
ready to proceed? 

MR. PEPPER: Yes, Your Honor. 



THE COURT: All right, you may. 




MR. PEPPER: Your Honor, 



plaintiffs call as their first witness today 
Mr. William Hamblin. 

WIEEIAM B. HAMBEIN, 

having been first duly sworn, was examined 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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998 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mr. Hamblin. 

A. Good morning. 

Q. Thank you very much for coming here 
this morning. I know you haven't been well. 

A. No, a little under the weather. 

Q. I appreciate your making the effort 
to come by and be with us. Would you please 
state your full name and address for the 
record? 

A. William B. Hamblin, 322 South 
Camilla, Apartment 302. 



Q. In Memphis? 




A. Right. 



Q. How long have you lived in Memphis, 

Mr. Hamblin? 

A. Oh, probably about — I came here in 
' 63 . 

Q. Been here a good number of years? 

A. Yes, sir. 

Q. And what is your present occupation? 

A. I'm a part-time security guard. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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999 

Q. You're a part-time security guard? 

A. Yes. 

Q. In the city? 

A. Yes. 

Q. And prior to being a part-time 
security guard and taking on that position, 
were you - what else did you do previous to 
that? 

A. Well, I drove a cab for many years, 
and I worked as a barber for approximately 



ten years — something like that. 




Q. You were a barber for approximately 
ten years and you drove a cab — 

A. Right, off and on. 

Q. — off and on for a number of years? 

A. Right. 

Q. And which company did you drive the 
cab for? 

A. I drove for Veterans and Yellow. 

Q. Both of those cab companies. 

A. Right. 

Q. Now, in the course of your cab 

driving activity and your work there, did you 

come to know a cab driver named James McCraw? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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1000 

A. Yeah, I knew him well. 

Q. And did you in fact share digs or 
share rooms with McCraw? 

A. Well, I rented him an apartment one 
time. I had an apartment house, and I rented 
him an apartment. And I lived in the same 
apartment building with him a couple other 




times. 



Q. How long would you say you knew 
Mr. McCraw — over what period of time? 

A. Oh, probably about 25 years. 

Q. So you knew him over 25 years. 

A. Yes, sir. 

Q. Did you know him after the date in 
question in this case, after the 
assassination Dr. Martin Luther King? 

A. Yes, sir, I met him after the date. 

Q. You met him afterward? 

A. Yes. 

Q. And you knew him for all of those 
years after the assassination? 

A. Yeah, it was after the 
assassination. I drove a short time before 
the assassination, but I wasn't driving at 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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1001 

the time the assassination happened. 

Q. Right. But you new Mr. McCraw during 



that period? 




A. Right. 

Q. Did you not only know him but were 
you actually living with him or close to him 
in the same building? 

A. Well, we shared the same apartment 
building more than three times, and he lived 
with me a couple of times when he would get 
down on his luck. 

Q. When he was down on his luck? 

A. Yeah. He would lay around on my 
couch some. 

Q. All right. So it's fair to say that 
you were quite a close friend of 
Mr. McCraw's? 

A. Right, right. 

Q. Now, did Mr. McCraw at various times 
in the course of this friendship discuss the 
assassination of Martin Luther King with you? 

A. Yeah, he did. 

Q. One time or two times or — 

A. Oh, several times. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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Q. Several times. 

A. Yeah, several times. 

Q. And was he in any particular frame of 
mind or condition when this subject would 
come up? 

A. He would usually be drinking when he 
started. I mean, you know, he would start 
talking about it. 

Q. It was when he had been drinking? 

A. Right. 

Q. Did he ever volunteer any information 
when he had not been drinking? 

A. No, he wouldn't talk about it then. 

Q. Then he wouldn't talk about it? 

A. No, he didn't want to hear about it 
then. 

Q. And when he had been drinking over 
these many times when he spoke with you, did 
he tell you a particular story? 

A. Yeah. He first come out with 
a — he showed me a story that the National 
Inquirer or one of those tabloids did on him. 




and they did a pretty good write-up. 

Q. And was the story that he told you 

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1003 

each of these occasions the same? Was it 
consistent? 

A. It was — the story he told was 
consistent all those years. He didn't vary 
off of it. 

Q. Over how many years would he have 
told you this story consistently? 

A. Oh, I probably heard it at least 50 
times at least. 

Q. Eor how many years? 

A. Oh, now you're trying to pin me down 
on dates, and I'm not good at dates. 

Q. Not dates, but just roughly. 

A. Oh, I would say probably 
15 — something like that. 

Q. Over 15 years. And what was the 
story that he told you consistently over 15 



years? 




A. Well, after I got — after I read the 
article and found out that he knew a little 
something about it, I got interested in it 
myself. And he would talk about Raul having 
a drink with him and he — 

Q. Did he mention — let me interrupt 
DANIEL, DILLINGER, DOMINSKI, RICHBE] 
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you and try to focus you. Did he mention the 
defendant in this case, Mr. lowers? 

A. Oh, yes. 

Q. Did he know Mr. lowers well? 

A. Yeah. He worked for lowers at the 
time I would say. They were both working at 
the Southland Cab Company. 

Q. They both worked with the same 
company? 

A. Right. 

Q. Did he tell you of his personal 
knowledge of any involvement of Mr. lowers in 
the assassination of Doctor King? 

A. Yeah, he said that lowers gave him 



WEATHEREORD 




the rifle, and he took it and threw it off 



the Harahan bridge. 

Q. He said that the defendant gave him 
the rifle? 

A. Right. 

Q. And by the rifle, do you mean the 
murder weapon? Is that - 
A. Right, right. That's the story that 
he told. 

Q. And he told you this same story over 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1005 

the years? 

A. Same story over and over. He didn't 
vary off of it. And in the last he came up 
and I think they changed it to a bullet or 
whatever, but I don't remember if he changed 
his story or not. But he... 

Q. But he consistently told you he gave 
him the murder weapon? 

A. Right. 

Q. Did he say that the defendant made 




any admission against his own interest? Did 
he say he made any admission when he gave him 
the rifle? Did he say anything to him? 

A. He said lowers told him to get it and 
get it out of here now. He said that he 
grabbed his beer and snatched it out. He had 
the rifle rolled up in an oil cloth, and he 
leapt out the door and did away with it. 

Q. And lowers told him to get rid of it? 

A. Right. That's the story that he 
told. 

Q. Do you recall when he said that 
conversation took place? 

A. No, I didn't. To try to pin me down 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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1006 

on the date, I couldn't. 

Q. Right. But would it have been your 
understanding sometime near to the 
assassination itself? 

A. Well, see, I came in on the picture 



probably about five years after the 




assassination. 



Q. Yes. No, I'm not talking about your 
conversation with McCraw. I'm talking about 
McCraw's conversation with lowers. Would 
that have been around close to the time of 
the assassination? 

A. Yeah, that's — the way I understand, 
right after it happened. Right after it 
happened. 

Q. Now, was Mr. McCraw himself fearful 
of being charged or indicted? 

A. That's the reason they all changed 
their stories. Every time they — McCraw 
really wanted to come out with it, but he was 
involved in it. And he couldn't really tell 
the truth. That's the reason all of them 
changed their stories all this time. Their 
conscious was getting hurt, and they were in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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fear of being indicted. 

Q. Mr. Hamblin, did you tell anyone, in 




particular a landlord of yours, that McCraw 
knew something about this assassination? 

A. Yes, I did. 

Q. And was this a landlord in the 
premises where both you and McCraw were 
living? 

A. We were both living at the same time, 
right. 

Q. And what did you tell to your 
landlord? 

A. He came by to collect the rent — 

Q. Yes. 

A. — and I had introduced him to 
McCraw. 

Q. Yes. 

A. And I told him he was involved in it 
in some way and he told us to move. 

Q. He told you to move? 

A. Right. In fact, he sent the police 
up there and harassed us. They locked McCraw 
up for having a knife, and we finally wound 
up being evicted in about a week. 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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Q. So you were evicted by your landlord 
because you told him this story? 

A. Right. 

Q. Mr. Hamblin, who was your landlord? 

A. It was Mr. Purdy. 

Q. Mr. Purdy. 

A. Right. 

Q. And what did Mr. Purdy do for a 
living? 

A. Mr. Purdy was an FBI agent. 

Q. So your landlord was an FBI agent? 

A. Yeah. I didn't know at the time that 
he owned the house. I rented from someone 
else, but he happened to be the owner. And 
he just bumped in to collect the rent. 

Q. But you didn't know that he was the 
owner before this? 

A. No. 

Q. And do you know where Mr. Purdy was 
assigned as an FBI agent? 

A. Probably Memphis office, Memphis 




region. 



Q. The Memphis office? 

A. Right. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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Q. And he told you to leave? 

A. He told us both to move. 

Q. Both to move. And did you move? 

A. Yeah, about a week later we got 
kicked out. 

Q. Now, I want to take you back, 

Mr. Hamblin, to 1968. What were you doing in 
1968 for a living? 

A. I was a barber back in '68. 

Q. And where did you work as a barber? 

A. Cherokee Barber Shop, 2792 Campbell. 

Q. Right. And who was the proprietor, 
who was the owner of that barber shop? 

A. Vernon Jones. 

Q. Mr. Vernon Jones. 

A. Right. 

Q. How long did you work there as a 




barber? 



A. Oh, I worked for Mr. Jones probably 
for about five years all totalled at two 
different places. 

Q. Is Mr. Jones alive today? 

A. No, Mr. Jones passed on some time 
ago. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Q. And were you working as a barber in 
that barber shop April 4th, 1968? 

A. Yes, I was. 

Q. And were you working there 
immediately following the assassination? 

A. Right. I was working there when they 
broke the news about — oh. I'd say about 
6:00 — 5:30, 6:00 — something like that. 

Q. Now, did you hear Mr. Jones have a 
conversation with one of his long-term 
customers? 

A. Right. 



Q. Within — how soon after the 




assassination did this — 



A. I would say, oh, probably a week or 
ten days. 

Q. Within a week or ten days after the 
assassination? 

A. Yes, sir. 

Q. And what did Mr. Jones ask this 
long-standing customer? 

A. He asked him who did it or who do you 
think did it. 

Q. Who do you think did it. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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A. Right. 

Q. Meaning who killed Martin Luther 
King? 

A. Right. 

Q. And what did this long standing 
customer say to him? 

A. He told him that the CIA had it done. 

Q. That the CIA had it done? 



A. Right. That's the answer he gave 




him. 



Q. How long had this customer been a 
customer of Mr. Jones in the Cherokee Barber 
Shop? 

A. Oh, ever since I worked for him. 

Q. How many years roughly would you say? 

A. Oh, I'd say probably — well, I know 
of five anyway. 

Q. At least five years? 

A. Yeah, at least five — five or six at 
the time that I worked for him he had been 
coming in. 

Q. People often develop close 
relationships with barbers and bartenders? 

A. Yeah, they'll tell a barber something 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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they won't even tell their own psychiatrist. 

Q. Was that the kind of relationship 
Mr. - 

A. Yeah, that's the kind of 



relationship. 




Q. — Jones had with this customer? 

A. Right. 

Q. Who told him the CIA had it done? 

A. I mean I didn't hear the conversation 
myself. I asked him what he said when he 
left after he had told him. 

Q. You asked your boss — 

A. Mr. Jones what he said. 

Q. Right. 

A. And he told me. 

Q. And that's what he told you. 

A. Right. 

Q. Would you tell the Court and the jury 
who was this long-standing customer? 

A. It was Mr. Purdy, the FBI agent. 

Q. The same Mr. Purdy? 

A. The same Mr. Purdy. 

MR. PEPPER: Mr. Hamblin, thank 
you very much. No further questions. 

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MR. GARRISON: Mr. Hamblin, wait 




a minute. I may have a question if you don't 
mind. 

THE WITNESS: Oh, okay. 
CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Mr. Hamblin, Mr. McCraw was quite a 
heavy drinker, wasn't he? 

A. Right. 

Q. Alcoholic beverages pretty regular? 

A. Right. In fact, he was an alcoholic. 

Q. All right, sir. And I believe you 
said that you would have trouble believing 
him, didn't you? 

A. Yeah. I had some trouble believing 
him at times, right. 

Q. You knew Mr. lowers, did you not? 

A. Right. I worked for Mr. lowers. 

Q. And you never heard him say anything 
about any of this, did you? 

A. Not really, no, huh-uh. 

Q. You said Mr. McCraw would change his 
story from time to time when he told it? 

A. Well, they was — what I mean was 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



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1014 

changing the story, they would accuse another 
dead policeman. 

Q. When you say they, who are they? 

A. Well, they first — they've named 
every policeman in the graveyard. Every time 
they get scared, they'll name another 
policeman as being the murder man. 

Q. Are you talking about Mr. McCraw? 

A. Well, both of them. 

Q. Both of them who? 

A. Mr. McCraw and lowers. 

Q. I thought you said you never have 
talked to Mr. lowers about this, never had 
anything to — 

A. Well, he's made several statements. 

Q. Who has? Whose made several 
statements? 

A. Well, I talked to him — I talked to 
him on the cell phone about six months ago. 



me and Millner. 




Q. Okay. 



A. And he told me that he didn't do it, 

but somebody by the name of maybe Earl Clark 

or something like that did it, and he did it 

DANIEL, DILLINGER, DOMINSKI, RICHBE 

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or whatever. 

Q. So that's been six months ago? 

A. That's here recently. 

Q. Did he tell you he didn't have 
anything to do with it? 

A. That's what he said. 

MR. GARRISON: That's all. 

Thank you. 

THE COURT: All right. 

REDIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Mr. Hamblin, just so that we're 

clear, did Mr. McCraw ever change the story 

he told you? 

A. Never changed his story. He stuck 
with the basic same fact — I took the gun 



, WEATHEREORD 




and threw it off of the Harahan bridge. 

Q. So as far as he is concerned - as 
far as you are concerned, the weapon — 

A. As far as I'm concerned, that's what 
happened. I mean, you know, I believed him 
because he stuck to the same story. 

Q. So far as you're concerned, the 
murder weapon is at the bottom of the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Mississippi River? 

A. That's where I would — if I was 
going to go look for the gun today, I would 
go look and look at the middle river bridge 
because you can drive right to it. You can 
walk 20 feet and drop it and be back in your 
car in five seconds and be gone. 

MR. PEPPER: Thank you, 

Mr. Hamblin. No further questions. 

(Witness excused.) 

THE COURT: Call your next 



witness. 




MR. PEPPER: Plaintiffs call 
Mr. J.J. Isabel. 

JAMES JOSEPH ISABEE, 

having been first duly sworn, was examined 

and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mr. Isabel. If you 
have trouble hearing me, please just stop me 
and I'll speak louder. Thank you very much 
for joining us this morning. 

A. Yes, sir. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1017 

Q. Eor the record, would you please 
state your full name and address? 

A. My name is James Joseph Isabel, 2344 
Jackson Avenue, Memphis, Tennessee. Zip 
38108-3236. 

Q. Thank you, Mr. Isabel. I know you 
haven't been well, and we do appreciate you 



coming here. You were deposed in this case 




on October 14th, and you were kind enough to 
answer a range of questions at that time. 

And I'm going to put those questions to you 
this morning. 

A. Okay, sir. 

Q. What do you do now for a living, 

Mr. Isabel? 

A. Well, I'm retired. I'm seventy-four 
years old, but I am an independent eourier. 

I piek up food like for Memphis Hardwood 
Flooring five days a week, and I piek up 
pagers, take them to get repaired and take 
them baek to the eustomer. That's all I do. 

Q. And what did you do previously, 

Mr. Isabel? 

A. Starting which year? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Q. Let's just go through the range of 
jobs and work that you've done, if you ean. 

Just very quiekly try to summarize for us. 



A. Well, in '43 I was a sailor in the 




Navy in a Pacific killing force, and let's 
see, then I got out of the Navy. I went back 
to CBHS and got my high school diploma. I 
didn't have it before I went in the service, 
and then I've driven trucks. 

I've driven chartered buses. I 

worked for Firestone at one time for six 

months, and I worked for Vet cab. Hams — 

Mike down at Yellow Cab and then Airport 
Limousine. Hams owned Airport Limousine. I 
met lowers at Yellow Cab, and Airport 
Limousine, they owned — Hams might have 
owned Airport Limousine, and they owned 
something else too. Oh, it went from — I 
think we went from Yellow Cab — 

Q. But basically you've done a lot of 
driving? 

A. Yes, yes. 

Q. You drove chartered buses? 

A. Right. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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1019 




Q. You drove taxi cabs, limousine 
service? 

A. Yes. 

Q. That constituted the main part of 
your life, didn't it? 

A. A lot of it. 

Q. And when did you meet Mr. lowers as 
you said? 

A. I met Mr. lowers at the Yellow Cab. 

That was probably in about seventy - around 
'77 I would think. 

Q. So you met him when you were involved 
with Yellow Cab at the same time? 

A. I was working at Yellow Cab with 
Airport Limousine and Hams might have hired 
Loyd to come down there and run I think the 
whole operation or the biggest part of it. 

Q. That's around 1977? 

A. Yes. 

Q. Did you come to know Mr. lowers 
pretty well? 

A. Yes, sir. 



Q. How often would you see him? 




A. Oh, daily. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Q. You saw him every day? 

A. Live days out of seven. 

Q. So five out of the seven days in that 
period from 1977, you saw him? 

A. Right, and sometimes over the 
weekends if we had a holiday or something. 

We would run the buses from the airport to 
Millington. 

Q. You saw him then as well? 

A. Yes, sir. 

Q. So you became quite friendly with 
him? 

A. Yes. 

Q. Did you go on any chartered bus runs 
with Mr. lowers? 

A. Yes. 

Q. How many did you take with him, do 
you recall? If you don't, it's all right. 



but roughly? 




A. Out of town probably four or five, 
and in Memphis, a lot of them — a lot of 
school trips and trips. 

Q. I know it's a long time ago and 

you've had some medical problems even since 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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1021 

the deposition. 

A. Yes, sir. 

Q. So I'm going to try to move you 
through your testimony. Did you go on a trip 
with Mr. lowers over one St. Patrick's Day, a 
chartered bus trip with him? 

A. Yes. Loyd and I took two bus loads 
of bowlers to Cleveland, Ohio, and that was 
St. Patrick's Day. The reason I remember it, 
we were drinking green beer. 

Q. Do you remember what year that was? 

A. Pardon? 

Q. Do you remember the year? Which 
St. Patrick's Day? 



A. That had to be '79 — '78 or '79, but 




I'm saying '79. 

Q. Around 1979? 

A. It was winter because Lake Erie was 
frozen over. 

Q. Right. March 17th, 1979? 

A. That's what I'm thinking. 

Q. And that trip was to you said 
Cleveland? 

A. Yes. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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Q. In the course of that trip to 
Cleveland, did you share a room with 
Mr. lowers? 

A. Yes, sir. 

Q. In a local hotel? 

A. Yes, sir. 

Q. And did you eat with Mr. lowers? 

A. Oh, yes. 

Q. Share — 

A. Did I eat with him? 



Q. Did you eat? 




A. Yes. 



Q. Did you go to dinner with him? Did 
you drink with him? 

A. Yes. 

Q. Were you together with him most of 
the time? 

A. Except when he was driving one bus 
and I was driving the other one, yes, sir. 

We would go to the same destination, and then 
we'd usually meet and go and get something to 
eat after we took care of the people. 

Q. In the course of one evening on that 
trip to Cleveland, did you have a discussion 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1023 

with Mr. lowers about the assassination of 
Martin Luther King? 

A. Yeah, after we had gone and got the 
bowlers, we went out and ate down on the 
pier, a restaurant down there, and then we 
went back to the hotel. And I took a 



shower. I don't think lowers took one then. 




I took a shower, and I came out. And he was 



sitting on the bed, and I sat down with my 
back against the bathroom on the floor. And 
for some reason, I just said - I said, Loyd, 
did you drop the hammer on Martin Luther 
King. And he just kind of hesitated for a 
moment or two, and he said you think you know 
I did. I know what I did, but I'll never 
admit it or tell it in a court of law. And I 
said, oh, and I didn't mention it to him 
again after that. 

Q. Did you expect that reply? 

A. Maybe, yeah. 

Q. And when you asked him did you drop 
the hammer on Martin Luther King, what were 
you asking him? 

A. If he fired the shot that killed him. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1024 

Q. And his response again? 

A. Pardon? 



Q. And what was his response again to 




that question? 

A. Oh, he said you think you know who 
did it, but I know who did it, but I'll never 
admit it or tell it in a court of law. 

Q. Did you ever raise the subject with 
him again? 

A. Huh-uh, no. 

MR. PEPPER: No further 
questions. 

CROSS-EXAMINATION 
BY MR. GARRISON: 

Q. Mr. Isabel, you knew Mr. lowers quite 
well. The two of you were on trips together, 
weren't you? 

A. Yes, sir. 

Q. And this is the only time that 
subject ever came up was just the one time; 
am I correct, sir? 

A. The best I remember. 

Q. He never admitted to you or anyone in 
your presence he had anything to do with it 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




1025 



or knew anything about it other than this one 
time; am I correct, sir? 

A. Yes, sir. 

Q. All right. And on this time, both of 
you were drinking, weren't you? 

A. Uh, yes. 

Q. You had been drinking a little beer; 
am I correct, sir? 

A. Well, the best way I can describe it, 

I can get high on two beers and I had about 
six. And Loyd is a pretty heavy toper. He 
can handle it, and I would say he would drink 
close to 20 beers or more. 

Q. All right. Your question to him was 

did you drop the hammer on Dr. Martin Luther 

King, and that's your question? 

A. Yes. 

Q. He simply said you think you know who 
did it, but I know who did it and I'll never 
admit it. Is that basically what he said? 

A. Yes, sir. 

Q. But he never said he had anything to 




do with it, did he? 



A. No. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 
1026 

Q. That's the only words he ever used — 

A. Yes. 

Q. — that he knew who did it? Is that 
right, sir? 

A. Yes, sir. 

MR. GARRISON: Okay. That's 
all. Thank you. 

MR. PEPPER: Nothing. 

THE COURT: All right, sir. You 

may stand down. You're free to leave or you 

can remain in the courtroom. 

THE WITNESS: Thank you. 

MR. PEPPER: Thank you. 

(Witness excused.) 

THE COURT: Next witness. 

MR. PEPPER: Your Honor, 
plaintiffs call Mr. Jerry Ray to the stand. 



JERRY WILLIAM RAY, 




having been first duly sworn, was examined 
and testified as follows: 

DIRECT EXAMINATION 
BY MR. PEPPER: 

Q. Good morning, Mr. Ray. 

A. Good morning. 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1027 

Q. Thank you for eoming some distanee to 
be with us today. 

A. Yeah, I'm glad to eome down. 

Q. Would you state your full name and 
address for the reeord, please? 

A. My name is Jerry William Ray, brother 
of the late James Earl Ray, and I live in 
Smart, Tennessee, 107 Short Street. 

Q. Mr. Ray, you are the brother of James 
Earl Ray? 

A. Yes, sir. 

Q. Would you just deseribe for the Court 
and the jury the eireumstanees in whieh you 



were raised and lived as ehildren? 




A. We came up real poor during the 
depression days. We lived out on the farm 
most of the time, and that's when my 
brothers — they had a WPA and he just barely 
got by until after the depression. And then 
my daddy got a job on the railroad, and then 
we were just average people then. But back 
during the depression, everybody had it 
bad — anybody who can remember back then. 

Q. How many children were there in your 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
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family? 

A. There was nine all together. 

Q. And where were you and James in that 
constellation? 

A. James was the first born, and then 
they had a sister Marjorie and John, then I 
was the fourth born. We had seven years age 
difference. 

Q. Seven years — 



A. Yes. 




Q. — difference between the two of you? 

A. Yes. 

Q. And what grade did James go to in 
school? 

A. I'm not positive what grade. I think 
he went to about a year of high school I 
think, but I'm not positive of the grade he 
went to. 

Q. What did he do after that? 

A. He went to — he moved to Alton, 

Illinois. See, we lived in a little town 
outside of Quincy, Illinois named Ewing, 

Missouri, and Alton, Illinois is about 100 
miles from Ewing, Missouri. And my uncle 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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lived in there and my grandmother lived 
there, and they got him a job working at the 
Tambery Room. He was fifteen or sixteen. 

Q. And he held that job for how long? 

A. He held that job — I forget how long 



it was until he went into the Army. 




Q. And he had worked up until the time 



, WEATHERFORD 




bitty town, and Quincy, Illinois, where I 
grew up, they had 42,000 people — 2,000 
blacks and 40,000 whites so I never even went 
to school with one. See, and James didn't 
either so you can't hate somebody unless you 
something — you know, do something to you. 
Q. As he got older though and as you 
associated with him, did you see any 
hostility toward black people? 

A. No, he never did have no hostility 
toward any race — not only blacks, but 
Hispanics or anybody. What he tried to do is 
live and let live. 

Q. Now, he began to get in trouble at 
various points in his life? 

A. Yeah, after he got out of the Army. 

Q. After he got out of the Army. What 
was the reason for that? Do you understand 
how — 

A. No, nobody could understand that 
because before he went to the Army, he was a 
hard worker. And he went in the Army and 



DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 




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1031 

after he came out of the Army, he just lived 
the life of crime after that. 

Q. How did he get involved with various 
types of petty crimes and small time 
criminals? 

A. Unlike a lot of the media think, he's 
easily — if he makes friends with somebody, 
he's easily led around too, see. And I know 
he committed — he robbed a post office 
outside of Quincy, Illinois. This is back in 
the fifties, and this Walter Rife was his 
name. He's a ringleader. After he got him 
to rob this post office — I mean he's as 
guilty as Walter Rife was for doing it, but 
then he went on a cash spree. They stole all 
his money and he got arrested in Kansas City, 
Missouri. Then they sent him to the 
Leavenworth Federal Prison. 

Q. But where did he meet people like 
Walter Rife? 



A. He met him in Quincy, Illinois. 




Quincy — it was a real kind of a corrupt 
town back in the fifties. They had a 
write-up in the magazines about them. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1032 

Everything was open, see — gambling, 
prostitution, everything. And I knew Walter 
Rife and I knew his brother, Lonnie Rife, and 
like I say, it's a small town. Only got 
42,000 people in the town. 

Q. Did James tend to hang out in bars? 

A. Yeah, on Eifth Street in Quincy, 

Illinois. That's where most of the main ones 
was at, and then on Third Street, it was a 
house of prostitution — the whole Third 
Street. So when you go up to the tavern, 
most of the people you run into was pimps, 
ex-convicts or something like that. 

Q. Well, eventually he was sentenced and 
he went away? 

A. Yeah, he was sentenced to 
Leavenworth, and I think he got out in 1958 I 




think — '58 or '59, and he was sentenced in 
there — I think he did a little bit over two 
years in Leavenworth Federal Prison. Then he 
got out, and then he met up with a guy named 
Owens. Owens, he was an ex-convict and they 
did several things. They robbed a Kroger 
store, and then he got sent to Jefferson City 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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for that. 

Q. Do you know where he met Mr. Owens? 

A. No, I don't because I wasn't in 
St. Eouis at that time. I don't know him. 

Q. So he was sent to Jefferson City 
Penitentiary? 

A. Yeah, for 20 — I think it was for 20 
years. 

Q. Now, did you visit him when he was in 
the penitentiary? 

A. I only visited him a couple times. I 
didn't visit him much because I was working 



up in — we wrote all the time. I mean every 




week we exchanged letters, but when I would 
get down in that area, I would visit him. 

But I didn't get to visit him that much. 

Q. Well, he eventually escaped from 
Jefferson City Penitentiary, didn't he? 

A. Yes. 

Q. He escaped in April of 1967? 

A. Yes. 

Q. Did you see him after he escaped from 
prison? 

A. Yeah. Well, I — see, I didn't know 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1034 

he was going to escape, but my other brother 
John had visited him the day before he 
escaped. And James told him he was going to 
escape and for him to come down and pick him 
up and which John did. And John brought him 
straight to Chicago, and we rented a room at 
the Eairview. 

I didn't know all this. They rented 
the room, then they called me up. John 




called me up, and I came in and we all stayed 
at the Fairview that night. That's on South 
Michigan Avenue in Chicago. So that was how 
they escaped. Then after that, John went 
back to St. Louis. We used to give James 
$100 because he didn't have no money. He 
escaped. 

So John went back to St. Louis and 
James — and I went back to work the next 
day. Then James got a paper and he found an 
ad in there at Klinglens (spelled 
phonetically) Restaurant in Winnetka, and 
Winnetka is only a few miles from where I'm 
at. And he went to work there, and we used 
to meet every week or so at a bar there in 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

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1035 

North Brook, Illinois. 

Q. Well, where were you working at the 
time? 

A. I was working at the Sportsman's 
Country Club in North Brook, Illinois. 




That's about five or seven miles from where 



he was working at. 

Q. And you would then see him from time 
to time? 

A. Yeah, every week or every other week. 

Q. Did John have any more contact with 
him? 

A. No. Once John left us, you know, the 
Fairview Hotel in Chicago, he never had no 
contact with James until he got back to 
Memphis. You know, when he was brought back 
from England. 

Q. You mean he had no contact with him 
from the time he escaped to the time he was 
captured? 

A. Yeah, the day after James escaped, 

John left and went back to St. Louis and I 
went out to work. And John didn't ever have 
no contact with him after that. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1036 



Q. So were you the only family member 




who had contact with James? 



A. Yeah, the only one. He called me 
every once in a while. 

Q. During his fugitivity? 

A. Yes, sir. 

Q. How long did he stay at this job in 
Winnetka? 

A. Let's see, he stayed there close to 
three months. 

Q. What did he do after this job? 

A. Well, he saved up a few dollars that 
he could save up, and he bought an old car. 

I think it was a '57 Dodge because he was 
talking when he escaped, when John was there 
too, when he got out, he had to get out of 
the country, see, and he had to leave because 
he had all this time to back up. And not 
only the 20 years then for escape and 
everything. So he told John — John heard 
that too, and he told me, he said I'm going 
to try — I'm going to save up some money and 
go to Canada and try to figure out a way to 
get out of the country. And so that's what 




DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 

1037 

he did. He saved up. He worked there about 
three months and he bought an old junker, old 
Dodge. Then I met him the night before he 
took off and then he took off and went to 
Canada. 

Q. Do you recall the date that you met 
him before he left for Canada? 

A. No, I don't recall. It was about a 
day before that he took off for Canada. 

Q. Which month was it? 

A. That was in July. 

Q. Was it — 

A. July of '67. 

Q. Was it toward the end of July? 

A. It was either the middle or late part 
of July, and the only reason I know, my 
birthday is the 16th, so it was a little bit 
after that. 

Q. Sometime after that? 



A. Yeah. 




Q. And he left and went to Canada? 

A. And went to Canada. 

Q. Did you have any contact with him 
when he was in Canada? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

1038 

A. No. 

Q. When was the next time you saw or 
heard from your brother James? 

A. Well, the next time I heard from him 
and I can't, you know, quote the days because 
I don't keep diaries or nothing, but I guess 
it was about six, seven weeks afterwards. 

And I think it was in September, probably 
late September. He had this pay phone, where 
I didn't have no phone in my room. 

I worked at the country club where 
you get room and board, and we had this pay 
phone in the hallway. And he had the 
number. That's how you get a hold of me. 

Well, he called one day or one evening and 
told me to come to Chicago because he knew my 




day off. He arrived where so I would have 
the day off. He said don't bring your car in 
because I'm going to give you my car, and so 
then — so then I took a train. 

They had the Northwestern that runs 
in down in the loop and he met me down 
there. And we spent the night together, had 
breakfast together, and he was talking to 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

1039 

me. And he was all happy and, hell, he was 
— he had plenty of money on him. So he 
said I'm going to go down to Birmingham and 
buy a late model car. He said you can have 
this. He said I'm working now, and he 
mentioned Raul. 

I can't exactly remember how the 
Raul came in. I worked for a guy named 
Raul or something like that, but then he 
said - he had a big box of stuff. He said 
take this to Union Station — that's a 



railroad station downtown Chicago — and mail 




this down to me at Birmingham and mail it to 
Eric S. Galt. He said from now on I'll be 
known as Eric S. Galt. And so that's what I 
did, and he gave me the car. Then I took him 
to the station, and later on I mailed that 
stuff down to him as Eric S. Galt. 

Q. So he came back from Canada. He had 
a job so he told you. 

A. He told me he had a job working down 
there. 

Q. He was working for somebody he met in 
Canada? 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1040 

A. Yeah, and he mentioned his 
name — Raul. 

Q. Somebody called Raul? 

A. Yeah. 

Q. Did he tell you what the job was? 

A. No. I knew it was something 

illegal. I figured it was dope or car theft 

or something. You know, I didn't know what 




it was, and I didn't actually care that much, 
but I knew it was something illegal because 
he was trying — he said he was working this, 
you know, this guy he called Raul to get 
enough money so he could get out of the 
country, you know, get out of Canada and the 
United States totally. 

Q. So he was doing — taking on this 
job, whatever it was, so that he could get 
out of the country? 

A. Yeah, get out of the country. 

Q. That was the reason he went to Canada 
in the first place? 

A. Yeah, and I didn't actually — I kind 
of wish I had of now because, you know. I'd 
know more to testify to, but I didn't know 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1041 

more about it. But right then I wasn't even 
inquisitive because I knew he was doing 
something illegal and then met some guy over 
there and this guy is paying him to run dope 




or whatever he's doing. And I don't even 
think half the time he knew what he was doing 
because they just had him drop a car off in 
Mexico and drop one off in New Orleans. 

Q. So after he saw you, you talked with 
him in Illinois and he went to Birmingham, 
did you have any contact with him over the 
course of the next year? 

A. Well, up until the time King got 
killed, from the time we left Chicago when I 
seen him last, he called me three times. 

Q. And what did he say on those? 

A. It wasn't nothing. It wasn't nothing 
but just I'm working or asking how the family 
is and this and that. And every call would 
be under three minutes because I hear him put 
the change in and the operator would never 
come on. It would be less than three minutes 
each call. So probably — I probably talked 
to him about six, seven minutes since the 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 
(901)529-1999 



1042 




last time I met him when he left Chicago 
until King got killed. 

Q. That's the only contact you had with 
him? 

A. The only contact I ever had with him 
after that. 

Q. Have you ever known your brother 
James over all the years you knew him when he 
was free or when he was inside even — 

A. Yeah. 

Q. — did you ever know him to engage in 
violence? 

A. Never. He never had. He never 

had — the most violent thing he ever did was 

rob a store, you know, the Kroger store. 

That's the most violent ever, but there never 
was no violence used in that, you know. And 
in fact, before that he was always, you know, 
like a burglar. You know, like breaking in 
and stealing money, but then when he got with 
that — I mentioned his name before — 

Owens. Owens did robbery, see, so then he 



went in on the robbery. 




Q. In the course of this time when he 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

( 901 ) 529-1999 

1043 

was on the run after he returned to the 
United States and those three phone calls 
that you had with him, did he ever mention 
Dr. Martin Luther King? 

A. No. The King name never came up when 
we was in the hotel when we met together and 
stayed all night or in no phone calls. The 
King name was never mentioned, and the last 
thing James was thinking about was, you know, 

Jackson or King or Kennedy or any of them 
people because he was trying to stay out of 
prison. 

Q. So there was no mention of them? 

A. No. 

Q. Was there any mention of any activity 
that he was being asked to do related to 
Dr. King? 

A. No, never nothing. 

Q. Now, eventually he went to England, 




was extradited and was imprisoned in the 
United States? 

A. Yes, sir. 

Q. Did you have more contact with him 
after that? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1044 

A. Oh, yeah, I was coming down here to 
Memphis back in '68 when they brought him 
back about every week, and I'd drive down and 
we'd visit. And what they had — like Mark 
Lane said, he was treated worse than 
prisoners of war, you know, the guys they 
tried in Nuremberg. He had a TV set on 24 
hours a day and the lights. They xeroxed all 
of his mail, and they had him on TV all the 
time, you know, hooked up. And so when we 
would visit, he would have to write me notes 
and flash them because otherwise they would 
know everything that he knew. 

Q. Did he give you the impression that 



he was determined to go to trial? 




A. He was determined. He was 



determined. That's the only thing he wanted 
was a trial beeause he said he'd have to go 
to trial. He said only way I can, you know, 
convince the people that I'm not guilty and 
try to show the people where I'm at was take 
a trial. That was the first trouble he had 
with his first attorney Haynes because 
William Bradford Huie told Haynes that James 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1045 

Earl Ray can't take the stand because if he 
takes the witness stand, I don't have no 
book. So that's when he replaced him. 

Q. Well, there was a contractual 
relationship between a book writer and his 
first lawyer? 

A. Yeah, Arthur Haynes went over to 
England, the first attorney James had, and he 
brought a contract over for him to sign that 
he would represent him if he signed that 
contract where he'd get all the royalties off 




the books, you know. And so then William 
Bradford Huie was the one that paid him the 
money. 

In fact, before he fired Haynes on 
November 1st of 1968, 1 flew down to 
Harpers ville, Alabama and talked to Huie. 

Huie paid my way down there because he wanted 
another contact besides the attorney so he 
was showing me these contracts, and he's 
talking about changing them around where 
James would get the money because his idea 
was he'd pay your money. He'll even brag 
that everybody has got their — you know, 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1046 

paid. 

And so I told him — he told me, he 
said the only thing is now you go back and 
tell James he's not going to take the witness 
stand because if he does, I don't have no 
book. So I went back and told James you 
ought to fire Haynes because Huie is running 




the case. 



Q. Well, the writer told you that James 
shouldn't take the witness stand when he went 
to trial? 

A. Yeah, that was later on in a — later 
on in a phone conversation with the — later 
on in a conversation with Mark Lane — 

Q. Well, we'll come to that 
conversation. 

A. Yeah. 

Q. And in the event, James did not have 
a trial? 

A. No, he never had no trial. 

Q. How did that come about when he was 
so determined to have one? 

A. Well, what he done when Arthur Haynes 
told him he couldn't take the witness stand 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1047 

and James said that's the only way I can, you 
know — because he couldn't give these 
lawyers like Haynes — every time you give 




him some information, a phone number or 
something, he'd give it to Huie. And he said 
how can I get a trial when they know 
everything I'm going to testify to. 

And so when he got rid of Arthur 
Haynes, then he got Percy Foreman, and Percy 
Foreman came in and said this is going to be 
the easiest case I ever had in my life. 

There's no evidence at all against him, and 
he did that up until about a month before the 
guilty plea. 

Then he started crying saying 
they're going to execute him, they're going 
to do this, do this. And so James asked him 
to resign from the case because he was 
determined to go to trial anyway, and Foreman 
wouldn't resign. And Judge Battle said if he 
fired Foreman, he had to go to trial with a 
public defender. 

Q. So the result was that he didn't go 
to trial? 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 



(901)529-1999 




1048 



A. No, he didn't go. 

Q. He pled guilty? 

A. Yeah, Percy Foreman pled him guilty. 

Q. I'm going show to you a letter, 

Jerry, that was written to James Earl Ray by 
Percy Foreman. 

(Document passed to witness.) 

Q. Take your time, please, and read it. 

A. Yeah, I know all about this. 

Q. What is the date of — 

A. This is May the 9th — 

Q. What is the date of that letter? 

A. March the 9th, 1969. 

Q. March what? 

A. 9th. 

Q. March 9th, 1969? 

A. Yeah. 

Q. And when was the guilty plea hearing? 
A. Right around that time. 

Q. If I may inform them, it was 
March 10th. As a matter of fact, it was 



March 10th — 




A. Yeah. 



Q. — the following day. 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1049 

A. Yeah. 

Q. And what is the purpose of that 
letter from Eoreman, his attorney, to James? 

What does he tell him there? 

A. Well, James told me — you know, I 
went down there when Eoreman tried to get him 
to plead guilty. And he said he's still, you 
know, was fighting against it. He said what 
I'll do. I'll have Percy Eoreman to give you 
$500 before I'll plead guilty. Then you can 
go down and get another attorney to reopen 
the case in which I used the money, the $500, 

I flew down to New Orleans. This is even in 
a book because the guy I went down to see 
about an attorney, he didn't trust me. He 
didn't know what I was coming down there for 
so he notified the police and the EBI. And 
we met in the park and the police was all out 




in the park. 

Q. Let's focus on this. This is a 
letter from his counsel on the eve of trial, 
and this letter offers you — offers him 
$500. 

A. Yeah, if — 

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1050 

Q. Under what conditions was he offered 
$500 by - 

A. Yeah, if he don't do no — if he 
pleads guilty and don't embarrass him in the 
court. That was the agreement. 

Q. And that $500 — 

A. And he went along with the guilty 
plea. He put in a guilty plea. 

Q. We understand that $500 was to be 
taken to hire a new lawyer to try to set it 
aside? 

A. Yes. 

Q. Was there in fact an application to 



set aside that guilty plea shortly 




thereafter? 



A. As soon as James got to Nashville, he 
wrote a letter to Judge Preston Battle and 
asked him to take the letter for motion for a 
new trial and that Percy Foreman has been 
relieved. And when Battle died a few 
days — I don't know, 20 days or whatever it 
was after the guilty plea, he had three 
letters from James asking for a trial. 

MR. PEPPER: Your Honor, 

DANIEE, DIEEINGER, DOMINSKI, RICHBERGER, WEATHEREORD 

(901)529-1999 

1051 

plaintiffs move admission of this letter. 

(Whereupon, the above-mentioned 
document was marked as Exhibit 19.) 

Q. (BY MR. PEPPER) So he pled guilty and 
was sentenced to 99 years. Did there come a 
time when you had further contact with 
William Bradford Huie? 

A. Yes, back in — I think October I 
believe it was of 1977 when James Earl Ray 
escaped from Brushy Mountain Prison. His 




attorney then was Jack Kershaw, and I 
knew — I had known Mark Lane, an attorney. 

And Playboy came out with a dirty story about 
my brother so I recommended to James that he 
get Mark Lane to represent him. So Mark Lane 
took over the case. Just before he escaped, 
the trial was supposed to start. That was in 
October. 

Q. Let me try to